MUHAMMAD AIJAZ vs MUHAMMAD AZAM S — 2022 PLD 572 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD AIJAZ VS MUHAMMAD AZAM S.12---agreement to sell---Balance consideration paid---appellant filed suit for specific performance of agreement to sell against respondents---Respondents filed their joint written statement while sale agreement was admitted by them with the condition mentioned in the plaint----Trial Court partially decreed the suit of appellant---Respondents filed appeal which was allowed and the judgment and decree of Trial Court was dismissed---Held, that relationship between the parties started when they signed an agreement to sell, where all four parties of contract agreed to sell four plots to appellant---appellant was given four months time to make the payment of balance sale consideration whereafter the sellers were to appear before the Registrar to conclude the transaction according to agreement to sell---Out of four sellers, one seller "S" expired few days after the agreement, so the transaction was restricted in respect of three plots only---Seller/respondent had only approached the concerned Mukhitiarkar for sale certificate---admitted position that the appellant paid two sums of money to cater for the expenses incurred in obtaining the sale certificate on the request of the seller---Trial Court decreed the suit and directed the appellant to deposit the balance sale consideration with the Nazir of the Trial Court within two months---Such payment was also made in the form of pay order, which sum was available with the Nazir of the Trial Court---Upon an execution application Nazir was directed to proceed with the formalities of executing the transfer in favour of appellant in respect of three plots---When Executing Court initiated the final act, first appellate Court delivered its judgment which had been objected by both the appellant and respondents---Respondents had the stance that appellant did not perform his part of contract within the stipulated time---Trial Court considered the aspect that since price of the properties mentioned in agreement to sell had been increased and gave direction to the appellant to add sum to the agreed price which was complied with by the appellant and respondents and balance was deposited with the Nazir of Trial Court----appellant made substantial payment to the seller in respect of three plots of the suit property and delay was solely attributed to the seller as thus took un-necessary time to obtain sale certificate and even asked for some advance in respect of such certificate ,which was not provided for in the sale agreement---appeal was allowed and judgment and decree of appellate Court was set-aside and judgment and decree of Trial Court was upheld and the Executing Court was directed to proceed with the matter in accordance with law.

MUHAMMAD AIJAZ vs MUHAMMAD AZAM S — 2022 PLD 572 KARACHI-HIGH-COURT-SINDH

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