Haji FAIZUR RAHMAN vs SULTAN ALI SHAH S — 2021 CLC 2160 PESHAWAR-HIGH-COURT

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Haji FAIZUR RAHMAN VS SULTAN ALI SHAH S.21---Contract not specifically enforceable---Agreement, ambiguous nature of---Specific performance of agreement regarding sawmill and land---Partially decreed by civil Court---Separate appeals from both parties were disposed of by appellate Court with partial modification in judgment of Civil Court---Petitioner mentioned in application that he had paid Rs.2000/- for machinery and Rs.20,500/- for the land---Respondents stated in reply that they just negotiated but not concluded agreement / contract; that sawmill was owned by Nawab of Dir; that receipt of Rs.22,500 was admitted but the same had been kept as guarantee and deal w as contingent upon the permission of said Nawab; that said Nawab transferred sawmill and land to others by way of gift who were not agreed to sell the same---Validity---Petitioner as witness deposed in examination-in-chief that total value of consideration had been agreed as Rs.100,000/---Legal Heirs of the said Nawab had disowned entering into sale transaction, but had admitted the factum of gift in respect of the sawmill---If terms of a contract could not be found with reasonable certainty, such contract could not be ordered to be specifically enforced---Part of transaction admitted by the contesting respondents might not be construed as an enforceable agreement---Petitioner had not mentioned the amount of sale consideration and only in his testimony recorded the total amount---Evidence beyond pleadings, especially in respect of material particulars, could not be accepted---No further relief could be granted than what appellate Court had already ordered, i.e recovery of amount paid by the petitioner with 20% annual interest from the date of receipt of such amount---Revision petition was dismissed accordingly.

Haji FAIZUR RAHMAN vs SULTAN ALI SHAH S — 2021 CLC 2160 PESHAWAR-HIGH-COURT

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