Mst. Abida Rafique Ghouri vs Syed Amjad Hussain Gillani S — 2025 MLD 355 LAHORE-HIGH-COURT-LAHORE

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Mst. Abida Rafique Ghouri VS Syed Amjad Hussain Gillani S. 12---Suit for specific performance---Agreement to sell, execution of---Concealment of there being a mortgage over suit property---Suit was concurrently decreed in favour of plaintiff /buyer---Plea of the petitioner (lady defendant/seller) was that the respondent did not have the financial ability to complete the transaction---Validity---(Petitioner) had stated in her written statement that she had issued three notices but the same were not brought on record and were issued after the target date---Although, the respondent had not pleaded that he paid Rs. 2,100,000/- to the petitioner to facilitate her to clear the mortgage qua the suit property yet the same fact was revealed by the petitioner in her written-statement, and perusal thereof showed that the said amount was deposited by the respondent, in the bank account of the petitioner but the same was returned vide cheque of particular date ; both the said dates were beyond the target date which depicted that the said amount was extended merely to redeem the mortgage over the suit property which had not been cleared before the target date---Petitioner had clearly undertaken in the agreement that the suit-property was free from all charges or liens but a document, marked on record, showed that the suit-property had been mortgaged to someone four months before execution of agreement, for a period of two years, redeemable on three months' notice upon payment of mortgage money---Notwithstanding the validity of the mortgage deed, as an attending circumstance, it was established that payment of Rs. 2,100,000/- was infact for redeeming the mortgage since the amount of Rs. 2,100,000/- matched with the amount of mortgage money and further proved that the factum of mortgage was not incorporated in the LDA record which showed the conduct of the petitioner that she not only concealed the fact of mortgage in the agreement but also failed to clear the suit property from all encumbrances before the target date---As such, the petitioner was not in a position to hand over vacant possession of the suit property to the respondent at the target date---Both the Courts below had rendered well-reasoned and sound judgments after due appreciation of evidence and taking into account all aspects of the case requiring no interference in exercise of revisional jurisdiction of the High Court---Civil revision filed by defendant/seller, being merit-less, was dismissed, in circumstances.

Mst. Abida Rafique Ghouri vs Syed Amjad Hussain Gillani S — 2025 MLD 355 LAHORE-HIGH-COURT-LAHORE

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