1. ' In this suit plaintiff seeks specific performance of the agreement dated 7-8-2001 in respect of the property bearing No.D-48 Navy Housing Scheme, Clifton, Karachi. It is stated that the plaintiff entered into transaction through its attorney and brother Khalid Mehmood Zaidi. It is the case of the plaintiff that the agreement was terminated as per annexure 'C' to the plaint. According to the learned counsel for the plaintiff termination was without notice to the plaintiff as it is unilateral cancellation does not bear the signature of the plaintiff. It is stated, therefore, the plaintiff is entitled for the specific performance of the agreement.
2. ' Learned counsel for the defendant contends that the amount of the earnest money was refunded pursuant to such cancellation as per demand draft available as annexure 'A' at page 17 of the tile along with written statement. It appears that such demand draft was encashed and credited in the plaintiff's account as certified by the Askari Commercial Bank letter dated 25-4-2003. It is further stated that on account of cancellation of the agreement the property has been transferred and conveyance registered in favour of the newly-added defendant No.3. Conveyance is available on record. Since the property has changed hands the earnest money has been paid to the plaintiff and refund of earnest money is not disputed. Mr. Arshad contends that plaintiff's attorney was not authorized or competent to cancel the transaction. Since third party interest has been created. No case for injunctive relief is made out. Plaintiff at the best could claim compensation and damages.
3. In my opinion since the agreement was executed in the year 2001 and time fixed for registration of the conveyance was dated 15-11-2001, therefore, on account of delay alone the plaintiff cannot claim specific performance, however, he may be entitled to claim damages, if so permitted under the law. Accordingly application is dismissed.