On the basis of a sale agreement, no legal character or right can be established to prove the title of the property unless the title is transferred pursuant .................

 2023 SCMR 815

On the basis of a sale agreement, no legal character or right can be established to prove the title of the property unless the title is transferred pursuant to such agreement to sell, but in case of denial or refusal by the vendor to specifically perform the agreement despite the readiness and willingness of the vendee, a suit for specific performance may be instituted in the court, but suit for declaration on the basis of a mere sale agreement is not the solution for appropriate relief

Agreement to sell---Proof---Suit for specific performance and declaration---Property in question was measured as 10 Marlas and was jointly owned by "F" and "A" in equal shares---Petitioner/vendee in his evidence admitted that at the time of the agreements he did not know who the owner of the entire property was and did not check whether "F" was the absolute owner of the property---Property was not partitioned by metes and bounds which meant that no specific portion of the property was earmarked for signifying the specific share or location which could be dealt with independently, including the sale of an individual share out of the joint property---Petitioner filed his suit after 13 years of the execution of the agreements, and at least two years after it came into his knowledge that the whole property was not owned by "F"---Neither any legal proceedings were initiated by the petitioner during the life time of "F" for properly transferring the title of the property pursuant to the alleged sale agreements, nor did he offer any plausible reason which may justify his act or omission of nor approaching a court of law for the implementation of the agreements at the relevant time---Appellate Court rightly reached the conclusion that the agreements were not proved and that the co-owner "A" never signed the agreements---Petitioner was claiming the title merely on the strength of the agreement to sell by one co-owner while the other co-owner never signed any such agreement---In the alleged agreements no proper description or even exact location of the suit property was mentioned, instead the description of the property was jotted down in the plaint rather than in the alleged agreements---

Person seeking specific performance has to establish that he is enthusiastic and vehement to act upon his obligations as per the contract but the opponent is refusing or denying its execution

Decree for specific performance---Scope---Decree for specific performance may not be passed if the substratum of the contract suffers from shortcoming or legal infirmities which renders the contract unacceptable and unenforceable

S. 10 ---Contract---Terms and conditions of contract---Where an effective and enforceable contract is not structured by the parties, it is not the domain or province of the Court to make out a contract for them, and the lis would be decided on the basis of terms and conditions agreed and settled down in the contract

Inconsistency between the findings of Trial Court and the Appellate Court---In such a case findings of the Appellate Court must be given preference in the absence of any cogent reason to the contrary.