What is specific performance?
It is a court order compelling a party to actually complete a contract, typically a sale agreement or bainama, rather than just pay damages.
Specific Performance
Specific Performanceof a Sale Agreement
Legal assistance for buyers compelling a seller to complete a sale agreement (bainama), including cancelled-agreement disputes, bayana recovery and proving readiness and willingness.
Prove readinessComplete the saleOverseas buyers
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What if the seller cancelled the agreement before I sued?
You must also seek a declaration that the cancellation is invalid. A bare specific-performance suit against an already-cancelled agreement is not maintainable on its own.
Do I have to prove readiness to pay?
Yes. The plaintiff must show readiness and willingness to perform their own side of the contract.
What evidence do I need?
The agreement to sell, earnest money receipt, witnesses, payment record, and a notice of readiness to perform.
Specific Performance
Force the Sale ThroughNot Just Money Back
When a seller backs out after collecting bayana (earnest money), the buyer usually wants the property, not just a refund. Specific performance compels the seller to actually complete the sale agreement.
The remedy is governed by Chapter II of the Specific Relief Act, 1877. Adequacy of price alone does not bar it, and a penalty clause does not automatically refuse it, but the contract must be enforceable and the buyer must show readiness and willingness.
The critical trap: if the seller cancelled the agreement before you sued, a bare specific-performance suit is not maintainable. You must also seek a declaration that the cancellation is invalid.
Keep the bayana receipt, the bainama, payment record and a notice of readiness. These decide whether the court compels the sale or merely orders a refund.
Areas We Handle
Specific Performance ServicesFor Buyers & Sellers
Focused legal assistance across sale agreement enforcement in Pakistan.
Suit for Specific Performance
Suits compelling a seller to complete a sale agreement (bainama) rather than merely pay damages, under Chapter II of the Specific Relief Act.
Cancelled-Agreement Claims
Suits challenging a seller's cancellation of the agreement with a declaration that the cancellation is invalid.
Bayana & Earnest Money
Recovery of earnest money (bayana) with damages where the seller refuses to transfer the property.
Readiness & Willingness
Documenting and proving readiness and willingness to perform your own side, a condition precedent to specific performance.
Plot & Land Transfers
Enforcement of agreements to sell plots, houses and agricultural land where the seller backs out after prices rise.
Overseas Buyer Protection
Representation for overseas Pakistanis who paid for property in Pakistan but the seller refuses to complete.
Key Points
What Courts CheckBefore Ordering Specific Performance
The court verifies the contract, the readiness of the buyer and the conduct of both parties.
Enforceable contract
The agreement must be capable of specific performance and not barred by any rule of law.
Readiness & willingness
The buyer must prove readiness and willingness to perform their own side of the contract.
Price adequacy
Adequate price is not a ground to refuse; inadequacy alone is not decisive either.
Penalty clause
A penalty clause in the agreement does not automatically bar specific performance.
How We Proceed
A Clear Path to Completethe Sale
From reviewing the bainama to enforcing the decree, the process is built around proving readiness at every step.
01
Review the Agreement
The bainama, bayana receipt, payment record and any cancellation notice are reviewed for enforceability.
02
Prove Readiness
Evidence of readiness and willingness to perform your side is assembled, including notice where needed.
03
Frame the Suit
Where the seller cancelled the agreement, a declaration that the cancellation is invalid is added to the plaint.
04
Complete & Enforce
The court compels execution of the sale deed, and execution follows for transfer and possession.
Legal Framework
Specific Performance LawIn Pakistan
Specific performance is governed primarily by Chapter II of the Specific Relief Act, 1877, read with the Contract Act and the Limitation Act for time.
S.12
Specific Relief Act, 1877
Discretionary remedy compelling actual performance of a contract.
Ch.II
Specific Relief Act, 1877
Grounds on which specific performance may be granted or refused.
S.21
Specific Relief Act, 1877
Compensation in addition to, or in lieu of, specific performance.
Lim.
Limitation Act, 1908
Period fixed in the contract, or three years from notice of refusal if no time is fixed.
Evidence That Carries the Suit
These are the documents courts expect in a specific performance suit.
Agreement to sell
The bainama signed by both parties with price and terms.
Bayana receipt
Proof of the earnest money paid, with date and amount.
Payment record
Bank transfers or receipts showing the balance paid or tendered.
Notice of readiness
Notice to the seller that you are ready to complete, and their refusal.
The cancellation trap
If the seller cancelled the agreement before suit, the plaint must seek a declaration that the cancellation is invalid. See our specific performance guide and suit for declaration guide for the detail.
Frequently Asked Questions
Questions you may havebefore taking the next step.
Find answers to common questions about our legal services, consultation process, and handling of legal matters in Pakistan.
Time runs generally within the period fixed in the contract, or within three years from when the plaintiff had notice of the refusal, if no time is fixed.
No. Adequacy of the price alone is not a ground to refuse specific performance, and a penalty clause in the agreement does not automatically bar it either.
Where the contract is not capable of enforcement, where the plaintiff has not shown readiness and willingness, or where specific performance would be inequitable in the circumstances.
Yes. Where specific performance is not pursued or not feasible, a claim for return of the earnest money with damages is an available alternative.
Yes. Through a power of attorney and local representation, overseas buyers can file and pursue specific performance suits before the Pakistani courts.
Hire a Sale Agreement Lawyer
The Seller Refuses to Transfer.You May Be Able to Force the Sale.
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