| Case ID |
08fc2971-7f77-476f-915d-c8dd0543a374 |
| Body |
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| Case Number |
Civil Revision No. 1846-D of 1998 |
| Decision Date |
Jul 09, 2002 |
| Hearing Date |
Jul 09, 2002 |
| Decision |
The revision petition partially succeeds, and the decree is modified to grant specific performance of the agreement for 1 Kanal of land only, which is already in the possession of the plaintiff. The trial court is directed to refund the balance amount deposited by the plaintiff. The defendants are also instructed to pay the required court fee on their appeal within 30 days. |
| Summary |
In the case of Khadim Hussain vs. Mst. Rashida Khanum, the Lahore High Court addressed a civil revision regarding the specific performance of a land sale agreement. The plaintiff, Khadim Hussain, claimed that the defendants had entered into a contract to sell him 4 Kanals and 16 Marlas of land. However, the defendants denied executing such an agreement. The court found that while a receipt was signed by the husband of one defendant, it did not establish a valid agreement for the entire land. The evidence only supported a claim for 1 Kanal of land. Ultimately, the court modified the lower court's decision, allowing specific performance only for the 1 Kanal in possession of the plaintiff and ordering a refund of the excess amount paid. This case highlights the importance of clear agreements and the necessity of substantial evidence to enforce specific performance, particularly under the Specific Relief Act. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
JAWWAD S. KHAWAJA, J
|
| Lawyers |
Atta-ul-Mohsin Lak,
Khan A. Hameed Khan
|
| Petitioners |
KHADIM HUSSAIN through Legal Heirs
|
| Respondents |
Mst. RASHIDA KHANUM,
Mst. SIDDIQA KHANUM
|
| Citations |
2003 SLD 2546,
2003 CLC 725
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act (I of 1877)
|
| Sections |
12
|