Law:

Section:

(a) Interpretation of documents-------Contents, substance and context of a document would determine its nature, but not its title, label or heading alone. Messrs Khanzada Muhammad Abdul Haq Khattaq and Co. v. WAPDA through Chairman and another 1991 SCMR 1436 at 1439 and House Building Finance Corporation v. Shahinshah Humayun Cooperative House Building Society and others 1992 SCMR 19 at 27-28 rel. (b) Specific Relief Act (I of 1877)--- ----S. 12---No agreement to sell between parties---Effect---No question of specifically enforcing same would arise. (c) Transfer of Property Act (IV of 1882)--- ----S. 54---Agreement to sell, construction of---Scope---Agreement could be construed as a mortgage, charge or security for a loan, if such intention was spelt out from its contents or from its attending circumstances. Chitty on Contracts, Vol. 1 at 632 (London, Sweet and Maxwell, 28th ed., 1999) rel. Zulfiqar Khalid Maluka, Advocate Supreme Court for Petitioner/Appellant (in both cases). Syed Asghar H. Sabzwari, Senior Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Respondent (in both cases). Date of hearing: 27th July, 2011. JUDGMENT JAWWAD S. KHAWAJA, J.---These two appeals, one arising out of C.P. No. 1385 of 2010 and the other being an appeal as of right, have been decided by means of the following short order dated 27-7-2011:-- "For reasons to be recorded later, Civil Appeal No. 557 of 2010 is allowed and Civil Petition No. 1385 of 2010 is converted into appeal and partially allowed. Consequently the impugned judgment of the High Court is set aside, whereas the judgment and decree of the appellate Court dated 4-8-2008 is restored, subject to the modification that the interest at the normal bank rate awarded by the appellate Court to the respondent/decree holder on the decretal amount of Rs.18,50,000 shall be adjusted against fair rent to be determined by the executing Court for the period during which Shop No.1, Sector G-6 Markaz, Islamabad remained in occupation of the respondent decree holder. 2. We also direct that possession of the shop in dispute be delivered to the appellant-defendant as soon as he makes payment of the decretal amount of…

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