| Citation(s) |
|---|
| 2025 SLG 4820 2025 SLD 4820 = 2025 LHC 6038 |
Lahore High Court
R. S. A. No. 19 / 2014, R. S. A. No. 20 / 2014.
PRESENT; (ABID HUSSAIN CHATTHA) JUDGE
Date of Hearing: 13.10.2025 Appellant(s) By: Mr. Muhammad Naveed Farhan, Advocate
Respondent(s) By: Mr. Aejaz Ahmad Ansari, Advocate.
R. S. A. No. 19 / 2014, R. S. A. No. 20 / 2014.
PRESENT; (ABID HUSSAIN CHATTHA) JUDGE
Date of Hearing: 13.10.2025 Appellant(s) By: Mr. Muhammad Naveed Farhan, Advocate
Respondent(s) By: Mr. Aejaz Ahmad Ansari, Advocate.
Saifullah and others
VERSUS
Muhammad Din (deceased) through L.Rs. , Sher Muhammad (deceased) through L.Rs. and others Versus Muhammad Din (deceased) through L.Rs.
Law: Specific Relief Act, 1877
Section: 21(c), 24(c)
Law: Qanun-e-Shahadat Order, 1984
Section:
Law: Limitation Act, 1908
Section:
Tagline:
“Agreements executed as surety for debt cannot be enforced for specific performance; payment of consideration must be independently proved.â€
Facts of the Case:
- The Respondent filed two separate suits for specific performance of registered agreements to sell dated 12.01.1993:
- First Agreement: Property of 2 Kanals 1 Marla, Khata No. 1/1 at Chak No. 15/G, Cotton Ginning Factory and Oil Mills; sale consideration Rs. 1,000,000/-; target transfer date 30.04.1994.
- Second Agreement: Property of 48 Kanals, Khata No. 2/3 at Chak No. 15/G; sale consideration Rs. 1,000,000/-; target transfer date initially 30.06.1993, later amended to 30.06.1994.
Appellants’ stance:
- Agreements were executed as guarantees (surety) for payment of outstanding amounts owed by Muhammad Aslam (son/nephew of Appellants) to the Respondent.
- No independent sale consideration was paid; therefore, the Agreements were unenforceable for specific performance.
Trial Court Decision (1998):