Pakistan Case LawAKRAM and others Versus KHUSHI MUHAMMAD and others
This matter concerns a petition for leave to appeal against a High Court judgment upholding a decree for specific performance of a contract for the sale of land. The core legal question was whether the agreement of sale, which was registered and involved payment of consideration, was enforceable against the vendors and subsequent purchasers (the petitioners). The trial court, the first appellate court, and the High Court concurrently found that the vendors had validly agreed to sell the land to the plaintiffs, that a significant portion of the consideration was paid before the Registering Officer, and that the plaintiffs remained ready and willing to perform their obligations. The Supreme Court dismissed the petition, holding that the concurrent findings of fact regarding the validity of the agreement and the plaintiffs' readiness to perform were well-founded. The Court further rejected arguments regarding the minority of some plaintiffs, noting that the transaction was entered into for the benefit of all parties and that the interest of minors had been adequately protected. The judgment affirms the sanctity of registered sale agreements and the finality of concurrent findings of fact.
- Are concurrent findings of fact by lower courts regarding the validity of a sale agreement binding on the Supreme Court?
- Can a registered agreement of sale be enforced against subsequent purchasers who bought the land during the pendency of a specific performance suit?
- Does a contract entered into by an adult on behalf of minors for their benefit remain valid and enforceable?
ABDUL QADEER CHAUDHRY, J.---Leave to appeal had been sought against the judgment of the High Court dated 21-2-1993.
2.The facts to be noted are that respondents Nos. 1 to 9 brought a suit for specific performance against the vendors, respondents Nos. 10 to 12. According to the plaintiffs, respondents Nos. 9 and 10 executed a registered agreement of sale dated 9-12-1980, of the land in dispute for a consideration of Rs,1,50,000. Rs,55,262 were paid before the Registering Officer, and the remaining sale price was to be paid at the time of registration of the deed. During the pendency of the suit, the vendor sold the land to the petitioners. The vendor admitted the execution of agreement, but said that the agreement was without consideration. The three Courts have concurrently held that the vendors were agreed to sell the suit land to the plaintiffs. Rs,55,262 were paid by the plaintiffs to the vendors before the Registering Officer on 9-12-1980. The plaintiffs had always been ready to perform their obligations. The vendors and the petitioners filed an appeal before the District Court, but the vendors did not join the petitioners before the High Court. The agreement Exh. P. 1 is a registered document. The evidence has been properly appreciated by the Courts below. There are concurrent findings of fact.
3.The learned counsel for the petitioners has submitted that Khushi Muhammad had only signed the agreement on his behalf and on behalf of the others and some of the plaintiffs were minor on the date of sale. The High Court has positively recorded that all the plaintiffs are parties to the contract. This fact was not denied in the written statement. Even otherwise, Khushi Muhammad entered into the transaction for the benefit of all the vendors. There is nothing to suggest that the interest of the minors has not been taken into consideration by Khushi Muhammad.
Judges on this bench
- Abdul Qadeer Chaudhry1,248 judgments
- Saleem Akhtar1,928 judgments