The Plaintiff has to Pay the Remaining Sale Consideration According to the Present Market Value.

𝐓𝐡𝐞 𝐏𝐥𝐚𝐢𝐧𝐭𝐢𝐟𝐟 𝐡𝐚𝐬 𝐭𝐨 𝐏𝐚𝐲 𝐭𝐡𝐞 𝐑𝐞𝐦𝐚𝐢𝐧𝐢𝐧𝐠 𝐒𝐚𝐥𝐞 𝐂𝐨𝐧𝐬𝐢𝐝𝐞𝐫𝐚𝐭𝐢𝐨𝐧 𝐀𝐜𝐜𝐨𝐫𝐝𝐢𝐧𝐠 𝐭𝐨 𝐭𝐡𝐞 𝐏𝐫𝐞𝐬𝐞𝐧𝐭 𝐌𝐚𝐫𝐤𝐞𝐭 𝐕𝐚𝐥𝐮𝐞. 𝐏𝐇𝐂

The usual practice of our courts is that the plaintiff is directed on the first day of the case to deposit the remaining sale consideration in suits of specific performance. The suit is dismissed if the plaintiff fails to deposit the said amount. Similarly, the very amount of the remaining sale consideration is deposited which is agreed between the parties, not less nor more than that.

𝐃𝐞𝐯𝐢𝐚𝐭𝐢𝐨𝐧 𝐟𝐫𝐨𝐦 𝐭𝐡𝐞 𝐔𝐬𝐮𝐚𝐥 𝐏𝐫𝐚𝐜𝐭𝐢𝐜𝐞:

The Peshawar High Court has, however, recently decided a case wherein the High Court has deviated from this usual practice and not only condoned the failure of the plaintiff to deposit the remaining sale consideration but has also modified the remaining sale consideration by directing the plaintiff to pay the remaining sale consideration of the property as per the present market value of the portion of the property for which the consideration is unpaid yet.  The Court noted that the agreement of sale was executed between the parties in 2001, two decades ago when the value of the suit property was much less than today. Hence, the Court interfered in the judgments of the two courts below and directed the plaintiff to pay the remaining sale consideration as per the present market value of the property.

𝐀𝐛𝐬𝐞𝐧𝐜𝐞 𝐨𝐟 𝐒𝐢𝐠𝐧𝐚𝐭𝐮𝐫𝐞 𝐨𝐧 𝐭𝐡𝐞 𝐀𝐠𝐫𝐞𝐞𝐦𝐞𝐧𝐭:

Another important point in this case was that the sale agreement was not signed by the defendants and they were denying the execution of the same. However, the Court held that the execution of the agreement has been proved by the evidence of the two witnesses. Thus, absence of signature of the defendants is not fatal for the veracity of the agreement.

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