| Case ID |
0099b8c0-e866-4e83-a568-ccf4acf17dbf |
| Body |
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| Case Number |
Civil Revision No. 758/D of 1988 |
| Decision Date |
Mar 29, 1993 |
| Hearing Date |
Mar 29, 1993 |
| Decision |
The Lahore High Court accepted the revision petition, overturning the decisions of the lower courts. It found that the execution of the agreement of sale, receipt, and power of attorney had been established through cogent evidence. The court held that the petitioners were entitled to a decree for specific performance of the agreement of sale dated August 23, 1969, as all necessary conditions were met, including payment of consideration and deposit of government dues. The court directed the petitioner to affix a court fee of Rs. 1,238 on the plaint, failing which the suit would stand dismissed. |
| Summary |
In the case of Shabbir Ahmad and Others vs. Khushi Muhammad and Others, the Lahore High Court dealt with a civil revision regarding the specific performance of an agreement of sale related to land. The petitioners argued that they had executed a valid agreement with Muhammad Shafi, the allottee of the land, who had agreed to sell the property after the conferment of proprietary rights. The trial court had dismissed their suit for permanent injunction, ruling that the agreement was void due to lack of permission under the Colonization of Government Lands Act. However, the appellate court upheld this dismissal, citing insufficient evidence of execution. The High Court, upon review, found that the execution of the agreement and related documents was established through credible witness testimony and bank challans. The court emphasized that the presence of an illiterate witness does not invalidate their testimony unless explicitly stated by law. The court concluded that the petitioners were indeed entitled to specific performance and reversed the lower courts' decisions, allowing the case to proceed under the correct legal framework. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Munir A. Shah, J
|
| Lawyers |
Not available
|
| Petitioners |
Shabbir Ahmad and Others
|
| Respondents |
Khushi Muhammad and Others
|
| Citations |
1993 SLD 1049 = 1993 CLC 2316
|
| Other Citations |
Mst. Khurshid Begum and 7 others v. Inam Rabbani and another 1979 CLC 570,
Mst. Rehmat Bibi and others v. Mst. Jhanndo Bibi and others 1992 SCMR 1510,
Shamir through Legal Heirs v. Faiz Elahi through Legal Heirs 1993 SCMR 145
|
| Laws Involved |
Qanun-e-Shahadat, 1984,
Civil Procedure Code, 1908,
Specific Relief Act, 1877
|
| Sections |
30,
9,
115,
41,
12
|