HAJI vs SHABBIR AHMED Ss — 2025 CLC 40 KARACHI-HIGH-COURT-SINDH

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HAJI VS SHABBIR AHMED Ss.12 & 22---Contract Act (IX of 1872), Ss.51 & 54---Suit for specific performance of contract of sale---Reciprocal promise---Failure to prove any subsequent payment qua balance sale consideration except payment of earnest money---Effect---Petitioners/subsequent purchasers claimed to be bona fide purchaser for value without notice and were in possession of suit property---Suit was filed by respondent/plaintiff seeking specific performance of agreement to sell earlier executed in his favour---Trial Court dismissed the suit but Lower Appellate Court decreed the same in favour of respondent/plaintiff---Validity---Respondent/plaintiff acknowledged that no notice was published for the information of general public about purchase of suit property---Petitioners/subsequent purchasers proved that they were bona fide purchasers for value without notice and possession of suit land was handed over to them by the owner/seller---Respondent/plaintiff failed to prove that except payment of earnest money any subsequent payment was made by him towards sale consideration---After passage of three years since the suit was filed, balance sale price was not paid by the respondent/plaintiff to show his bona fide and willingness to complete the sale transaction, rather in his evidence he has stated that he was not ready and willing to purchase the remaining area as mentioned in the sale agreement---No legal notice had been sent by the respondent/plaintiff to the owner/seller for completing the sale transaction in 03 years, which had adverse effect on his willingness to purchase the suit land---Sale agreement in favour of respondent/plaintiff remained incomplete as compared to registered sale agreement in favour of the petitioners, which stood completed, thus, that had preference---Relief of specific performance of contract is discretionary in view of S.22 of the Specific Relief Act, 1877---Evaluation of the evidence was not properly done by the Appellate Court and said significant legal principle about the discretionary relief had been overlooked while setting aside the decision of the Trial Court----Civil revision was allowed, in circumstances.

HAJI vs SHABBIR AHMED Ss — 2025 CLC 40 KARACHI-HIGH-COURT-SINDH

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