| Case ID |
038c63b0-cc4b-4dd9-a17a-d9cf3db218f8 |
| Body |
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| Case Number |
Regular First Appeal No. 21 of 1992 |
| Decision Date |
Dec 21, 1993 |
| Hearing Date |
Dec 21, 1993 |
| Decision |
The Lahore High Court accepted the appeal and decreed the suit for specific performance filed by the appellant, Aman Ullah Khan. The court found that the evidence provided by the appellant was credible and consistent, establishing his financial capability and the genuine execution of the agreement dated 13-12-1988 for the sale of the disputed property. The trial court's dismissal of the suit was reversed, highlighting the contradictions in the respondents' claims and the lack of credible evidence supporting their defense. The parties were directed to bear their own costs. |
| Summary |
This case revolves around a dispute regarding the specific performance of a sale agreement under the Specific Relief Act (I of 1877). The appellant, Aman Ullah Khan, filed for specific performance against Abdul Majeed Khan and others, claiming they agreed to sell him property worth Rs. 51 lacs. The trial court dismissed the suit, but upon appeal, the Lahore High Court found the evidence presented by the appellant compelling. The court noted that the respondents' claims were inconsistent and lacked credibility, particularly regarding their assertion that the signatures on the agreement were obtained under fraudulent circumstances. The court's decision emphasizes the importance of clear evidence in contract disputes and the enforceability of genuine agreements. This case is significant for legal practitioners dealing with property law and specific performance actions, as it underscores the necessity of maintaining integrity in contractual dealings and the judicial system's role in upholding valid agreements. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUNIR A. SHAIKH,
TANVIR AHMAD KHAN
|
| Lawyers |
Aftab Iqbal Chaudhry,
Maqbool Sadiq
|
| Petitioners |
AMAN ULLAH KHAN
|
| Respondents |
others,
ABDUL MAJEED KHAN
|
| Citations |
1995 SLD 882,
1995 CLC 1
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act (I of 1877)
|
| Sections |
12
|