Pakistan (Punjab) Legislation

THE SPECIFIC RELIEF (PUNJAB AMENDMENT) ORDINANCE, 1983

(Pb. Ord. IV of 1983)

Sections

         1.         Short title and commencement

         2.         Amendments of sections 13, 18 and 22 of Act I of 1877.

 

^[1]THE SPECIFIC RELIEF (PUNJAB AMENDMENT) ORDINANCE, 1983

(Pb. Ord. IV of 1983)

[1 March1983]

An Ordinance further to amend the Specific Relief Act, 1877

Preamble.— Whereas it is expedient to amend the Specific Relief Act, 1877 to bring it in conformity with the Shariah in the manner hereinafter appearing;

      NOW, THEREFORE, in pursuance of the Proclamation of fifth day of July, 1977, read with the Laws (Continuance in Force) Order, 1977 (C.M.L.A. Order No.1 of 1977) and the Provisional Constitution Order, 1981 (C.M.L.A. Order No. 1 of 1981), the Governor of the Punjab is pleased to make and promulgate the following Ordinance:-

1.   Short title and commencement.— (1) This Ordinance may be called the Specific Relief (Punjab Amendment) Ordinance, 1983.

      (2)  It shall come into force at once.

2.   Amendments of sections 13, 18 and 22 of Act I of 1877.— In the Specific Relief Act, 1877 (I of 1877)—

         (i)  in section 13, illustrations (a) and (b) shall be omitted;

        (ii)  in section 18, for clause (d), the following shall be substituted:-

              “(d)  where the vendor or lessor sues for specific performance of the contract, and the suit is dismissed on the ground of his imperfect title, the defendant has a right to a return of his deposit (if any), with such compensation thereon as may be considered reasonable by Court, to his cost of the suit, and to a lien for such deposit, compensation and cost on the interest of the vendor or lessor in the property agreed to be sold or let.”; and

       (iii)  in section 22, illustration (e) shall be omitted.