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ROBINA KAUSAR vs MUHAMMAD LATIF Ss — 2025 CLC 911 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2025 CLC 911 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2025
Reporter
CLC
Parties
ROBINA KAUSAR vs MUHAMMAD LATIF Ss
Subject matter
Civil
Provisions referred to
S. 12---C; S. 23---M; S. 67

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ROBINA KAUSAR VS MUHAMMAD LATIF Ss.60, 67 & 68---Specific Relief act (I of 1877), S. 12---Contract act (IX of 1872), S. 23---Mortgage---Penal clause as to transfer of property upon failure of mortgagor to return mortgaged money---Enforceability----Specific performance---Scope---Respondent/mortgagee sought specific performance of the penal clause of mortgage deed upon failure of the petitioner/mortgagor to return the mortgaged amount---Contention of the mortgagor was that mortgagee had alternative remedies of foreclosure and sale of mortgaged property, thus, mortgagee could not seek specific performance of the penal clause---Validity---Owner can mortgage his property but mortgagee has no right to get transferred the mortgaged property in his name through a decree for specific performance---If the mortgage money was not being returned by the mortgagor, the mortgagee could resort to remedy provided under S.67 of the Transfer of Property act, 1882---Mortgagee could approach the civil court claiming that mortgagor be absolutely debarred of his right to get the mortgaged property redeemed or could pray for decree for sale of the property, but the recitals of the suit filed by the mortgagee spoke otherwise----Suit for specific performance could be filed for enforcement of an agreement to sell, but the same was not maintainable on the basis of a penal clause in an agreement, which otherwise did not fulfill the standards set for an agreement to sell, thus, mortgagee was not entitled for decree for specific performance on the basis of penal clause in the mortgage deed---Civil revision was allowed, in circumstances.

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