ZEESHAN PERVEZ (Late) vs MUHAMMAD NASIR Ss — 2025 SCMR 495 SUPREME-COURT

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ZEESHAN PERVEZ (Late) VS MUHAMMAD NASIR Ss. 12, 39, 42 & 54---Suit for specific performance of agreement to sell, cancellation of document, declaration and injunction---Willingness to perform agreement---Proof---Petitioner/vendor was aggrieved of judgments and decrees passed by High Court decreeing suit for specific performance of agreement to sell filed by respondent/vendee and dismissing his suit seeking cancellation of contract---Validity---Property in question was mortgaged to bank serving as collateral for loan at the time the contract was executed---Responsibility for balance payment by respondent/vendee depended on petitioner/vendor fulfilling specific obligations, which included (i) securing a clearance certificate or no objection certificate from bank; (ii) settling all outstanding dues, debts, claims, loans, mortgages, taxes and any other liabilities associated with the property; (iii) ensuring that property's mutation was duly processed in petitioner / vendor's name; and (iv) completing all necessary sale formalities, which encompassed registration of sale deed or granting a General Power of Attorney in favour of respondent/vendee or his nominee---All such conditions were expected to be fulfilled by petitioner/vendor on or before the deadline---Only after successfully meeting such prerequisites, respondent/vendee was obligated to pay outstanding amount---Respondent/vendee was consistently ready and willing to fulfill his contractual obligations, leading to equitable inference that scales of justice leaned favourably towards the respondent/vendee in such matter---Supreme Court declined to interfere in judgments and decrees passed by High Court---Petition for leave to appeal was dismissed and leave to appeal was refused.

ZEESHAN PERVEZ (Late) vs MUHAMMAD NASIR Ss — 2025 SCMR 495 SUPREME-COURT

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