Muhammad Siddique vs Talib Hussain Ss — 2026 YLR 805 LAHORE-HIGH-COURT-LAHORE

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Muhammad Siddique VS Talib Hussain Ss. 12 & 22---Suit for specific performance of agreement to sell---Vendor denying execution of agreement---Execution, proof of---Onus---Alteration and interpolation in agreement---Unauthorized material changes in agreement after execution---Sanctity and validity of agreement in circumstances---Express acknowledgement or signatures of vendor on altered portions---Requirement---Unilateral modifications without proof of consent negate contractual sanctity---Scope---Briefly, petitioner (vendee) instituted a suit seeking possession through specific performance of an agreement to sell, claiming that the full sale consideration was paid and possession of the suit property was delivered, and that he later paid dues on behalf of the defendant leading to execution of a proprietary deed in the defendant's---Trial Court dismissed the suit and plaintiff's appeal was subsequently dismissed by district court, whereafter the plaintiff filed the present civil revision petition before the High Court challenging the concurrent judgments and decrees passed by the courts below---Held: There was a clear alteration/ modification/interpolation/ addition in the text of disputed agreement to sell and the unauthorized material altered/ modified/added part of disputed agreement by one party without the consent of other party was not only illegal, unlawful, void but also unenforceable by law because the consensus ad idem was considered the most essential part of an agreement---Even the material changes in the disputed agreement without the consent of seller made disputed agreement to sell unenforceable by law rather it was a fraudulent transaction---Courts below rightly refused relief of specific performance by considering the conduct of the parties, the principles of equity, fairness and good conscious by appreciating the pleadings of the parties as well as oral and documentary evidence of the parties---Plaintiff/ petitioner failed to prove execution of the agreement to sell as well as payment of sale consideration---Neither any misreading or non-reading of evidence on record nor any infirmity, legal or factual, had been pointed out in the impugned judgments and decrees passed by the courts below---Present civil revision petition was dismissed, in circumstances.

Muhammad Siddique vs Talib Hussain Ss — 2026 YLR 805 LAHORE-HIGH-COURT-LAHORE

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