Property and inheritance · For citizens
Seller backed out? Make him sell.
In short
Paid bayana for a plot or a house and the seller now wants to return it? For land, the court presumes money is not enough and can order the sale itself. But you have to show your money was ready.
By the FAI Legal editorial desk · 10 October 2026 · 11 slides · 2 min read
Myth or fact?
What sellers tell buyers.
- Myth: Prices went up. I will return your bayana and the deal is off.
- Fact: For land and houses, the court presumes money is not enough relief, and can order the sale itself (Specific Relief Act s.12, Explanation).
The rule in the Act.
Section 12, Specific Relief Act, 1877.
“Unless and until the contrary is proved, the Court shall presume that the breach of a contract to transfer immoveable property cannot be adequately relieved by compensation in money”
Specific Relief Act, 1877 · Section 12, Explanation, Cases in which specific performance enforceable
Quick quiz. How long to sue?
Guess first, then swipe for the answer.
- A. 30 June 2025
- B. 30 June 2027
- C. No time limit
Answer: B. Three years.
From the date fixed in the agreement.
- Limitation Act, Art. 113Specific performance of a contract: three years.
- Date fixedTime runs from the date fixed for performance.
- No date fixedTime runs from when the buyer has notice that performance is refused.
Show the money is ready.
The Supreme Court's first question.
- Ready and willingA condition precedent for specific performance (2023 SCMR 555).
- Set it asideIf the seller refuses payment, show the money was kept for him, e.g. a pay order in his name (2022 SCMR 1216).
- Deposit in courtFailing to deposit when ordered can cost you the suit (2020 SCMR 171).
He sold it to someone else.
Section 27(b), Specific Relief Act.
- Later buyerThe agreement can be enforced against him too.
- His defencePaid in good faith, without notice of your agreement. He must prove it first (2022 SCMR 1433).
- You in possessionYour possession can be notice to him (s.27, illustration).
Myth or fact?
The court's discretion.
- Myth: If I prove the agreement, the court must order the sale.
- Fact: Specific performance is discretionary, but the discretion must be sound and reasonable, guided by judicial principles (s.22).
A real case. Late money, lost deal.
2026 SCMR 1063, Supreme Court.
- The termBalance price to be paid on or before a fixed date.
- The problemNo pay order, bank guarantee or other proof the money was set aside.
- The resultSpecific performance refused; earnest money to be returned.
Bayana gone wrong?
Ask FAI in your own words. It answers with the exact law and the judgments behind it.
- I paid bayana for a plot and the seller now wants to cancel. What can I do?
- Draft a suit for specific performance of an agreement to sell.
Example questions
What this does not mean
- Proving the agreement does not force the court to order the sale. Specific performance is discretionary, though the discretion must be sound and reasonable (s.22).
- The presumption in s.12 applies only unless and until the contrary is proved.
- A buyer who cannot show the money was ready may lose. In 2026 SCMR 1063 specific performance was refused and the earnest money was ordered returned.
Questions people ask
What can I do if the seller backs out after bayana in Pakistan?
You can sue for specific performance. For land and houses the court presumes money compensation is not enough and can order the sale (Specific Relief Act s.12, Explanation).
What is the time limit for a specific performance suit?
Three years (Limitation Act, Art. 113). Time runs from the date fixed for performance, or if no date was fixed, from when the buyer has notice that performance is refused.
What must a buyer prove in a specific performance suit?
That he was ready and willing, which is a condition precedent (2023 SCMR 555). If the seller refuses payment, show the money was kept for him, for example a pay order in his name (2022 SCMR 1216).
Can I enforce the agreement if the seller sold the plot to someone else?
Yes, against the later buyer too (Specific Relief Act s.27(b)), unless he proves he paid in good faith without notice of your agreement (2022 SCMR 1433). Your possession can be notice to him.
What if I do not deposit the balance when the court orders?
Failing to deposit when ordered can cost you the suit (2020 SCMR 171).
Sources
- Specific Relief Act, 1877 · Section 12, Explanation
Cases in which specific performance enforceable Pakistan Code
Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review. How we check.
