Interim Relief Denied in Property Dispute Over Agreement to Sell.
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Must read judgement
Where to establish a claim, evidence is required to be recorded, prima facie case cannot be assumed in favour of petitioner especially when he is yet to establish his right to hold possession of suit property or be transferred its ownership, which already vests in respondents, who are owners of the property, instead of petitioner, who is stated to be a tenant of respondents and his claim is based on mere agreement to sell which has been denied by the other side. Agreement to sell does not create any title but gives only a right to petitioner to claim specific performance of contract, if he can prove the said agreement as valid by refuting the claim of respondents that it was a forged and fabricated document. Besides, balance of convenience tilts in favour of respondents, owners of the property and not the petitioner, holder of disputed agreement to sell, as by grant of interim relief the respondents are likely to suffer more than what the petitioner would suffer if interim relief is refused.
Misc. Writ 14946/25
Ejaz Ahmad Vs ADJ Ferozewala District Sheikhupura etc.
Mr. Justice Muzamil Akhtar Shabir
12-03-2025
2025 LHC 2082Where to establish a claim, evidence is required to be recorded, prima facie case cannot be assumed in favour of petitioner especially when he is yet to establish his right to hold possession of suit property or be transferred its ownership, which already vests in respondents, who are owners of the property, instead of petitioner, who is stated to be a tenant of respondents and his claim is based on mere agreement to sell which has been denied by the other side. Agreement to sell does not create any title but gives only a right to petitioner to claim specific performance of contract, if he can prove the said agreement as valid by refuting the claim of respondents that it was a forged and fabricated document. Besides, balance of convenience tilts in favour of respondents, owners of the property and not the petitioner, holder of disputed agreement to sell, as by grant of interim relief the respondents are likely to suffer more than what the petitioner would suffer if interim relief is refused.
Misc. Writ 14946/25
Ejaz Ahmad Vs ADJ Ferozewala District Sheikhupura etc.
Mr. Justice Muzamil Akhtar Shabir
12-03-2025
2025 LHC 2082