| Case ID |
00134130-5787-4c7c-8ea2-c53c40f68e12 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Leave to Appeal No. 762-L of 19 |
| Decision Date |
Nov 21, 1993 |
| Hearing Date |
|
| Decision |
The petitioners sought leave to appeal against the Lahore High Court's judgment dated May 16, 1992, which accepted a Regular Second Appeal, overturned the first appellate court's order, and upheld the trial court's dismissal of the suit for specific performance based on an alleged agreement to sell. The Supreme Court found that the High Court's ruling was substantiated by the evidence on record, and the first appellate court had failed to properly analyze the details of the agreement. The Supreme Court concluded that there were no grounds for interference with the High Court's findings, thereby refusing leave to appeal. |
| Summary |
This case involves the interpretation of the Specific Relief Act and the Constitution of Pakistan regarding a petition for leave to appeal against a High Court decision related to a suit for specific performance of an agreement to sell. The Supreme Court of Pakistan analyzed the evidence presented and determined that the High Court's findings were well-supported. The core issue revolved around the validity of an agreement to sell land, dated November 12, 1971, and whether the execution was genuine. The trial court's dismissal of the suit was upheld due to the lack of convincing evidence, and the Supreme Court emphasized the importance of proper evidence analysis in appellate proceedings. This case highlights the significance of legal documentation and the role of courts in ensuring that agreements are substantiated by credible evidence. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
SHAFIUR RAHMAN,
SALEEM AKHTAR
|
| Lawyers |
|
| Petitioners |
,
ABDUL RAZZAQ
|
| Respondents |
RIASAT ALI,
|
| Citations |
1994 SLD 739,
1994 SCMR 1116
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act (I of 1877),
Constitution of Pakistan (1973)
|
| Sections |
12,
185(3)
|