On 11.04.2007, an agreement to sell was executed for 25 kanals 8 marlas of land for Rs.25,40,000, with Rs.21,00,000 paid as earnest money — over 80% of the price. The owner, Khalid Mehmood, later died issueless. Respondent No.1, Muhammad Rafique, instituted a suit for possession through specific performance of the agreement; the suit was decreed, and the Lahore High Court upheld the decree. Mst. Shahnaz Kausar brought Civil Appeal No.51-L/2025 to the Supreme Court.
On 18.09.2026, the Supreme Court — Mr. Justice Shahid Bilal Hassan authoring, with Mr. Justice Muhammad Ali Mazhar — dismissed the appeal with no order as to costs. The appellant could not establish any independent right of her own that could defeat the decree in favour of respondent No.1. The Lahore High Court's judgment was upheld in full.
The case turns on a familiar specific-performance arithmetic: readiness and willingness. A buyer who has paid Rs.21,00,000 of Rs.25,40,000 upfront has demonstrated seriousness that courts reward; a challenger who cannot show a competing title or an independent right cannot undo that. The owner's issueless death complicated the title chain, but it did not erase the agreement — the decree simply enforced what the parties had already agreed.
For buyers, the message is encouraging: pay substantially, perform your part, and the courts will protect the bargain even against later challengers. For sellers' heirs and intervenors, the bar is correspondingly high — baghair apne haq ke, doosre ka decree nahi toota karta. An appeal needs a right, not just a grievance.