| Case ID |
0a1e31fe-b0db-4797-97d2-8d777d92db7d |
| Body |
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| Case Number |
Suits Nos.228 of 2002 and 679 of 2004 |
| Decision Date |
Nov 04, 2013 |
| Hearing Date |
Oct 02, 2013 |
| Decision |
The court dismissed the suit filed by Liaquat Ali against Col. (Retd.) Akhtar Sultan due to the plaintiff's failure to produce sufficient evidence supporting his claim. The plaintiff's claim for damages amounting to Rs. 8,000,000 was also rejected as he could not prove the genuineness of the agreement to sell dated 15-5-1985. The court held that the burden of proof lies with the party making the claim, and since the plaintiff did not appear in court to provide evidence, his claims were deemed unsubstantiated. Additionally, the defendant's counter-suit was granted, leading to an award of Rs. 25,000 as compensatory costs to the defendant. |
| Summary |
This case revolves around two suits concerning a property dispute between Liaquat Ali and Col. (Retd.) Akhtar Sultan. The plaintiff claimed ownership of a plot based on an agreement to sell, alleging that the defendant adopted a hostile attitude and failed to transfer the property. The court highlighted the importance of evidence in civil claims, emphasizing that the plaintiff failed to present any witnesses or documents to support his case. The court also noted the plaintiff's long delay in filing the suit, rendering it time-barred under the Limitation Act. In contrast, the defendant successfully argued that the documents presented by the plaintiff were forged. As a result, the court dismissed the plaintiff's claims and awarded costs to the defendant, underscoring the critical role of evidentiary support in legal proceedings. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Sadiq Hussain Bhatti
|
| Lawyers |
Not available
|
| Petitioners |
Liaquat Ali
|
| Respondents |
Col. (Retd.) Akhtar Sultan
|
| Citations |
2014 SLD 1277,
2014 PLD 78
|
| Other Citations |
Not available
|
| Laws Involved |
Qanun-e-Shahadat (10 of 1984),
Specific Relief Act (I of 1877),
Limitation Act (IX of 1908)
|
| Sections |
118,
42,
54,
39,
113
|