Shaikh MUHAMMAD TARIQ vs PREMIUM DEVELOPERS Ss — 2022 YLR 1867 LAHORE-HIGH-COURT-LAHORE

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Shaikh MUHAMMAD TARIQ VS PREMIUM DEVELOPERS Ss.2(14) & 36---Specific performance---Execution petition---"Executable order"---Scope---Petitioner agreed to sell 30 acres of land for a consideration of Rs.94 crore bounding the respondent to pay 1/4th amount of total consideration amount within 50 days and remaining amount was to be paid in 6 equal installments till performance date (i.e. 01.03.2019)---Respondent filed suit for specific performance of agreement and Trial Court ordered the respondent to deposit the remaining consideration amount in the Court but respondent failed to deposit the same---Responded submitted application and prayed for the suit to be decided in terms of compromise and on the same day counsel for the respondent got recorded his statement before the Court for vacation of stay to the extent of 15 acres 12 marlas land belonging to the petitioner, which was vacated---Respondent paid 5% amount (i.e. Rs.37,920,330/-) of the totalsale consideration---Respondent also paid amount of Rs.90,000,000/- to the petitioner---Petitioner contended that respondent did not comply with the compromise and failed to pay the remaining amount under terms of compromise---Trial Court passed detailed order directing the respondent to pay the remaining amount---Respondent did not comply with the said order, instead filed revision petition before High Court which was pending---Respondent filed execution petition and the executory Court ordered the petitioner to get 30 acres of land in respect of the response to the received amount---Validity---Order of Trial Court divulged that the same was passed only for vacation of stay order to the extent of 30-acres land---Such order did not mention that the said 30-acres land would be transferred in the name of the respondent in pursuance of amount of Rs.90,000,000/---As per terms of the compromise, the respondent was bound to pay 1/4th of the agreed amount, whereas the amount paid by respondent i.e. Rs.90,000,000/-, in no way was 1/4th of the total amount---Orders sought to be executed by filing execution petition as per S.36 of the Code of Civil Procedure, 1908, were not executable---No "executable order" was in the field---Revision petition was accepted accordingly.

Shaikh MUHAMMAD TARIQ vs PREMIUM DEVELOPERS Ss — 2022 YLR 1867 LAHORE-HIGH-COURT-LAHORE

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