Judgment Text

2021 Y L R 2245 [Islamabad] Before Mohsin Akhtar Kayani and Fiaz Ahmad Anjum Jandran, JJ MUDASSAR ALI---Appellant Versus MUHAMMAD ZAFAR IQBAL PIRZADA and 2 others---Respondents F.R.A. No. 115 of 2013, heard on 24th August, 2021. (a) Specific Relief Act (I of 1877)--- ----Ss. 15 & 12---Qanun-e-Shahadat (10 of 1984), Arts. 17 & 79---Suit for specific performance of sale agreement was dismissed by the Trial Court as appellant failed to pay remaining sale consideration within prescribed time---Appellant had claimed the dismissal as illegal and requested for an amount of Rs. 1.1 Million which was paid by him to the respondent, in addition to Rs. 2 Million paid as earnest money, through two cheques for extension of time for payment of remaining sale consideration in accordance with two subsequent agreements---Two documents did not carry signatures of any witness, and appellant had no evidence to prove him delivering the document of subsequent agreement to the respondent or the said respondent accepting the same---Independent witness/Bank employee endorsed the stance of respondent in express terms by repelling the assertion of the appellant regarding documentary evidence, i.e. the cheques---No right could be conferred upon any individual to have a transaction of Rs.10-Million who by making of payment of Rs.2-Million, linger on the matter for indefinite period particularly when value of the properties is increasing day by day and sought specific performance according to his own…