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---Agreement to sell---Scope---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---Mere agreement to sell does not invest a purchaser with title in the property so as to enable him to sell it further---It is only when a document of title / sale deed / allotment letter is executed in a purchaser's favour that he is empowered to convey title---An agreement to sell is not a document which, by itself, creates a title in the immovable property---Agreement to sell only creates a right to obtain another document i.e., a sale deed in favour of the person in whose favour the agreement to sell is executed---Practice of selling immovable property by persons who neither have title in such property nor are in a legal position to have title in such property transferred in their favour, needs to be deprecated in the strongest terms---Such transactions lead to wasteful litigation and consume the Courts' public time---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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