' GHULAM RABBANI, J.---Leave is sought to appeal against the judgment dated 7-8-2007 passed by a learned Division Bench of High Court of Sindh, Karachi, whereby the appeal of petitioner assailing dismissal of his suit for specific performance qua the suit property, was dismissed.
2. We have heard learned counsel for parties and have also gone through the impugned judgment and the judgment passed by learned trial Court. Also, we have seen the evidence available before us. During the course of their oral submissions, it came to light that an amount of Rs,40,50,000 was to be paid by the petitioner as the remaining part of consideration by the cut off date viz. 15-9- 2002 in which he failed. On his request, time for payment was extended upto 23-12-2002, but the petitioner eventually made the payment on 3-1-2005 i,e,, two years after extended time. This reflects that the petitioner was not ready and prepared to pay the amount by the cut off date and even after the extended time, he admittedly failed to perform his part as per the contract. Learned counsel for petitioner took a plea that since the respondent was bound to show to him the documents'ready on the cut off date before the concerned officer of Defence Housing Authority which condition, the latter failed to fulfil, the petitioner could not be held responsible to have not performed his part of contract. We are not persuaded to accept this plea of learned counsel.
Petitioner has, in the first place, to stand on his own legs and to show his bona fides that on the stipulated date he was himself present before the concerned officer ready with money payable to the other side and that being so abiding by the terms and conditions of contract, found the seller absent. In this nothing was brought to our notice to lean on the side of petitioner. Admittedly, there are two concurrent findings going against the petitioner. That, being so, the petition fails.
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