Malik PERVAIZ MAJEED SHAHZADA vs RIZWAN MALIK Ss — 2026 CLC 49 LAHORE-HIGH-COURT-LAHORE

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Malik PERVAIZ MAJEED SHAHZADA VS RIZWAN MALIK Ss. 12 & 22---Civil Procedure Code (V of 1908), S. 100---Specific performance of agreement to sell---Discretionary relief---Principle---Readiness to perform part of agreement---Proof---Second Appeal---Scope---Concurrent findings of facts by two Courts below---Appellant / defendant entered into agreement with respondent / plaintiff regarding sale of suit property owned by him---On failure to get suit property transferred, respondent / plaintiff filed suit against appellant / defendant---Suit was concurrently decreed in favour of respondent / plaintiff by Trial Court and Lower Appellate Court---Appellant / defendant contended that the agreement pertained to year 2005 and after such long time the agreement could not be performed as it was a discretionary relief---Validity---Discretion is required to be exercised keeping in view the facts and circumstances of each case and the terms of relevant agreement---Exercise must not be arbitrary and has to be based on sound and equitable reasons---Respondent / plaintiff instituted suit one day after the cut-off date---Respondent / plaintiff through his evidence remained successful in demonstrating with certainty that he had capacity to perform the agreement---Concerned branch manager produced ledger in Trial Court to show that through banking instrument respondent / plaintiff withdrew balance consideration on relevant date---Such evidence left no doubt that respondent / plaintiff had capacity to perform the agreement---Willingness of respondent / plaintiff was reflected from prompt and immediate institution of suit and by that time no prejudice was caused to appellant / defendant but somehow he himself kept on delaying the matter---Both the Courts below had rightly exercised their discretion to grant the relief---Second appeal could only lie in High Court on the grounds that the decision was contrary to law; failure to determine some material issue of law, and substantial error or defect in the procedure provided by Civil Procedure Code, 1908 or law for the time being in force which could possibly have emanated an error or slip-up in determination or decisiveness of the case on merits---High Court declined to interfere in judgments and decrees passed by two Courts below as there was no illegality---Second appeal was dismissed.

Malik PERVAIZ MAJEED SHAHZADA vs RIZWAN MALIK Ss — 2026 CLC 49 LAHORE-HIGH-COURT-LAHORE

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