Mst. REHMOON MAI and 21 others vs Mst. RASOOL BIBI and 7 others
This matter arises from a petition for leave to appeal filed by the plaintiff side against the dismissal of their Civil Revision by the High Court in a suit for specific performance of an agreement to sell. The core legal question concerns whether payments of government dues andabadkari done by the petitioners can be treated as valid or adequate consideration for the sale agreement, and whether the court can modify relief or pass a decree upon payment of remaining consideration or partial relief. The Supreme Court granted leave to appeal, holding that the questions raised regarding consideration and potential modification of relief require detailed examination. The key principle laid down is that where an agreement to sell is found genuine, the adequacy and nature of consideration involving collateral acts like payment of government dues and development work require judicial examination for potential relief modification.
- Whether payments of government dues and abadkari can be treated as valid consideration for an agreement to sell?
- Can a court modify the relief sought in a suit for specific performance to grant partial relief or return of consideration?
- Whether a Civil Revision should be dismissed solely on the ground of lack of consideration when the agreement to sell is found genuine?
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the plaintiff side in a suit for specific performance; against the dismissal by the High Court, of their Civil Revision. The suit has been dismissed throughout.
2. ' Learned counsel contended that the agreement to sell having been found genuine and its validity not being now in dispute, the High Court should not have dismissed the Civil Revision merely on the ground that there was no consideration for sale. According to him, the following could in the circumstances of this case be treated as consideration for sale:--
(a) ' The payments made by the petitioners of the Government dues.
(b) The "abadkari" done by the petitioners in accordance with the agreement which they would not have done if there was no agreement.
3. ' Learned counsel also contended that the point; whether, the afore-noted items of consideration could not be treated as adequate consideration and if not; whether, the decree could not be passed in petitioners' favour on payment of the remaining consideration and/or for partial relief either in the form of a part of land in dispute or in the form of the return of the aforementioned consideration by the defendant; and, whether, for that purpose the relief sought could not be modified by the Court. The questions raised by the learned counsel require examination. Leave to appeal, accordingly, is granted.
4. ' Security Rs, 5,000.
5. ' The appeal shall be prepared on present record with direction to parties to file all essential documents.