| Citation(s) |
|---|
| 2021 SLG 2690 2021 SLD 2690 2021 SCMR 1241 |
Supreme Court of Pakistan
Civil Petition No. 2597 of 2019, decision dated: 8th June, 2021, hearing date: 8th June, 2021. (Against judgment and decree dated 07.05.2019 passed by Lahore High Court, Multan Bench, Multan in R.S.A. No. 21 of 2005)
QAZI FAEZ ISA, JUSTICE, YAHYA AFRIDI, JUSTICE
Mian M. Ismail Thaheem, Advocate Supreme Court and Chaudhry Akhtar Ali, Advocate-on-Record for Petitioner. Mian Shah Abbas, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for
Respondents Nos. 1 - 5. Nemo for
Respondent No. 6.
Civil Petition No. 2597 of 2019, decision dated: 8th June, 2021, hearing date: 8th June, 2021. (Against judgment and decree dated 07.05.2019 passed by Lahore High Court, Multan Bench, Multan in R.S.A. No. 21 of 2005)
QAZI FAEZ ISA, JUSTICE, YAHYA AFRIDI, JUSTICE
Mian M. Ismail Thaheem, Advocate Supreme Court and Chaudhry Akhtar Ali, Advocate-on-Record for Petitioner. Mian Shah Abbas, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for
Respondents Nos. 1 - 5. Nemo for
Respondent No. 6.
MUHAMMAD YOUSAF
VS
ALLAH DITTA AND OTHErs
Law: Specific Relief Act, 1877
Section: 12,27(B)
Law: Transfer of Property Act, 1882
Section: 54
(a) Specific Relief Act (I of 1877)--- ----S. 12---Transfer of Property Act (IV of 1882), S. 54---Agreement to sell immoveable property---Failure to pay balance consideration within stipulated time---Effect---Only obligation on the plaintiff/buyer was to tender money to the seller and in case of the seller’s refusal to receive it then to deposit the same in the Court or otherwise demonstrate his ability and readiness to make payment, which elements were entirely missing in the present case---Plaintiff filed a suit seeking specific performance of a contract but did not at any stage demonstrate that he was ready, able and willing to perform his obligation there under, which was to tender/deposit the balance sale consideration, therefore, there was no justification for the court below to decree the suit and to permit the plaintiff/buyer to tender the balance sale consideration after a lapse of about twenty years. Inayatullah Khan v. Shabir Ahmad Khan 2021 SCMR 686; Muhammad Shafiq Ullah v. Allah Bakhsh 2021 SCMR 763; Mst. Samina Riffat v. Rohail Asghar 2021 SCMR 7; Hamood Mehmood v. Mst. Shabana Ishaque 2017 SCMR 2022 and Kuwait National Real Estate Company (Pvt.) Ltd. v. Messrs Educational Excellence Ltd. 2020 SCMR 171 ref. (b) Contract Act (IX of 1872)--- ----S. 2(h)---Contract---Terms---Courts cannot rewrite the terms of a contract. [p. 1245] C (c) Specific Relief Act (I of 1877)--- ----S. 12---Transfer of Property Act (IV of 1882), S. 54---Suit seeking specific performance of contract for the sale of immoveable property---Such suit was a simple suit wherein to succeed the plaintiff was required to demonstrate that he had performed his obligations under the contract or that he had been prevented to do so by the other side and if this be so to then demonstrate his ability and readiness to perform the commitment undertaken by him in the contract. (d) Transfer of Property Act (IV of 1882)--- ----S. 41---Specific Relief Act (I of 1877), S. 27(b)---Bona fide purchaser for valuable consideration without notice---Scope---Agreement to sell immoveable property---Vendee failing to pay balance consideration within stipulated time---Vendor selling property to third…
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