Mst. Ikram Bibi vs Mst. Umme Kalsoom and others
This matter concerns a petition challenging the executability of a decree for specific performance of an agreement to sell property. The core legal question was whether the transfer of the plot by the relevant department was illegal due to an alleged failure by the decree-holder to pay or deposit the remaining consideration amount as required by the decree. Upon review, the Court found that the decree-holder had effectively satisfied the financial obligations. Specifically, the record demonstrated that the decree-holder had paid the necessary amount to clear an encumbrance (mortgage) on the property and had deposited the remaining balance with the concerned department. The department, having accepted these payments, subsequently issued the transfer documents. The Court held that the terms of the decree were fully complied with, as the entire consideration had been paid. Consequently, the Court found no illegality in the transfer of the property to the decree-holder and dismissed the petition, refusing leave to appeal.
- Does the issuance of transfer documents by a department constitute valid specific performance if the decree-holder has satisfied the financial consideration?
- Can a judgment-debtor challenge the execution of a decree on the grounds of non-payment when the record shows the consideration was paid to clear an encumbrance and deposited with the relevant authority?
ORDER
MUNIR A. SHEIKH, J.-- This is in continuation of the order of this Court dated 4.4.2003 which may be read as part of this order.
2. The main objection of the executibility of the decree of performance of agreement was that before making transfer of the plot the department concerned did not get the compliance of the decree as to payment or deposit of the remaining amount of consideration.
3. Learned counsel for the respondent has appeared and assisted us in this matter. He has pointed out from the record that there was an encumbrance in the form of mortgage created by the petitioner judgment-debtor over the property in dispute to the extent of Rs.13,000/- which the decree-holder was liable to pay to get the said encumbrance released and the remaining amount of Rs.9000/- was deposited with the concerned department which after acceptance of the said amount issued transfer documents of the property to the decree-holder as specific performance of the agreement was sought in the form of issuance of such documents by the department which was party to the suit. The said amount is with the department and the petitioner is at liberty to withdraw the same.
4. After going through the record we fell satisfied that as per terms of decree the entire amount of consideration of the agreement of sale specific performance of which was decreed has been paid, therefore, there is no illegality in the issue of the document of 'transfer to the decree-holder by the department concerned.
4. For the foregoing reasons, this petition has no merits which is accordingly dismissed. Leave refused. .