MUHAMMAD WAQAR AZEEM vs Dr — 2024 CLC 1941 ISLAMABAD

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MUHAMMAD WAQAR AZEEM VS Dr. KARTAR LAL PIRWANI Ss. 12 , 18 & 54---Suit for specific performance of agreements to sell, permanent injunction and compensation / damages---First purchaser entering into agreement to sell with third party purchaser without acquiring rights from original owner---Scope and effect---Civil Court, allowed/decreed the suit instituted by third party purchaser to the extent of relevant prayer in the said suit i.e. "the recovery of an amount as compensation along with mesne profit @ 15% per annum w.e.f agreed date of payment till final realization of the amount"---Appellants (two in number), who were defendants in suit being first purchasers (vendees), assailed the said judgment and decree---Validity---It has become common place these days that when the value of real estate increases by the day people execute agreements to purchase immovable property having no resources to pay the sale consideration but soon after executing such agreements they start searching for third party purchasers so as to generate funds to pay the sale consideration to the original owners---In said process, they aim to make a quick profit by selling the immovable property to third-party purchasers at a rate higher than the sale consideration agreed with the original owner and that too within the period stipulated for the performance of the agreement with the original owner---It is also not unusual that such people are not able to generate funds within the period stipulated in the agreement to sell executed with the original owner for the payment of the sale consideration---This scenario leads to multiplicity of litigation not just between the original owner and the person who claims a right in the immovable property on the basis of an agreement to sell but also between such person and the third party purchaser---Thus, plaintiff/ respondent could not expect the Court to pass a decree for the specific performance of the Second Agreement in his favour---Civil Court was wise in turning down plaintiff's prayer for a decree for specific performance of the Second Agreement and allowing his prayer for compensation---Appeal, filed by the defendants, was dismissed with costs throughout.

MUHAMMAD WAQAR AZEEM vs Dr — 2024 CLC 1941 ISLAMABAD

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