Fabricating False Evidence in Specific Performance Suit

In Wajid Mehmood vs. Muhammad Hanif and another (R.F.A. No. 314 of 2022), the Islamabad High Court dealt with an appeal against the judgment of the Civil Court, which dismissed a suit for specific performance of an agreement to sell a commercial plot. The appellant, Wajid Mehmood, sought enforcement of the sale agreement regarding a 10 Marla commercial plot, which was later disputed to be non-existent. The Court examined issues related to the identification of the property, payment of consideration, and the appellant’s failure to prove entitlement to specific performance.

Background:

Wajid Mehmood, the appellant, filed a suit for the specific performance of a sale agreement dated 24.07.2004. The agreement concerned a commercial plot to be allotted by the Intelligence Bureau Employees Cooperative Housing Society under Membership No. 1886. The respondent, Muhammad Hanif, was allotted three residential plots instead of the commercial plot referenced in the sale agreement. The appellant sought to enforce the agreement, but the respondent disputed the claim, arguing that the sale agreement was related to a commercial plot that was never allotted.

Key Issues:

Unclear Identification of Property: Whether the sale agreement identified the property with sufficient clarity to allow for its specific performance.

Payment of Sale Consideration: Whether the appellant could prove payment of consideration for the alleged sale of the commercial plot.

Limitations and Time-Barred Claims: Whether the suit for specific performance was time-barred under the Limitation Act.

Fabrication of Evidence: Whether the appellant engaged in fabricating evidence to support his claim for specific performance.

Court’s Analysis:

Property Identification: The Court found that the sale agreement did not sufficiently identify the property, which was crucial for enforcing specific performance. The agreement referred to a commercial plot that was never allotted to the respondent. The appellant’s claim that the agreement inadvertently referred to a commercial plot instead of a residential one was unsupported by evidence. The Court cited case law requiring that contracts must clearly identify the property for specific performance to be granted.

Failure to Prove Consideration: The Court held that the appellant failed to prove the payment of consideration. The appellant’s testimony and documents presented contradictory amounts of consideration (Rs. 135,000/- and Rs. 240,000/-), and no documentary evidence, such as bank statements, was provided to support the payment. Witness testimony also contradicted the appellant’s claim, further undermining his case.

Time-Barred Claims: The Court noted that the suit was filed almost five years after the respondent was allotted residential plots in 2010, making it potentially time-barred. The appellant failed to establish when the refusal to perform the agreement occurred, which would have triggered the limitation period.

Fabrication of Evidence: The Court observed that the appellant likely fabricated evidence, including falsifying the sale agreement and general power of attorney. The appellant was found to have altered key documents by filling in blanks, leading the Court to refer the matter for criminal proceedings against him for perjury and fabricating false evidence.

Court’s Conclusion: The Islamabad High Court dismissed the appeal, upholding the Civil Court’s judgment. The Court found that the appellant had failed to establish the key elements for specific performance, including the identification of the property and payment of consideration. The appellant was also directed to pay Rs. 200,000 in costs to the respondent. Additionally, the Court referred the appellant’s case for criminal proceedings for fabricating false evidence under Sections 191, 192, and 193 of the Pakistan Penal Code.

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