| Case ID |
0a3c1996-6aa7-4e89-b3f9-4fd3d38d5d04 |
| Body |
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| Case Number |
Civil Appeals Nos. 39-K to 40-K of 2021 |
| Decision Date |
Mar 07, 2022 |
| Hearing Date |
Feb 15, 2022 |
| Decision |
The Supreme Court of Pakistan dismissed the appeals filed by Khudadad against the judgment of the High Court of Sindh, which had previously dismissed his suit for specific performance of an agreement to sell immovable property. The court found that the appellant failed to provide sufficient evidence to prove the execution of the agreement, as no independent witnesses were presented, and the required signatures were missing. Additionally, the court determined that the suit was barred by the Limitation Act, as it was filed beyond the three-year limit from the date fixed for the performance in the agreement. The court emphasized that a co-owner cannot bind other co-owners without their consent, rendering the agreement invalid. The court underscored the importance of strict compliance with legal requirements for attestation and evidence in such cases. |
| Summary |
In the case of Khudadad vs. Syed Ghazanfar Ali Shah, the Supreme Court of Pakistan dealt with the issue of specific performance of a property sale agreement. The appeals were dismissed due to the appellant's failure to prove the execution of the agreement and the time-barred nature of the suit under the Limitation Act. The court highlighted the necessity of independent witnesses and proper attestation in property transactions, reinforcing the legal principle that co-owners cannot sell property without the consent of all parties involved. This decision underscores the importance of adhering to legal formalities and the implications of the Limitation Act in civil suits. Keywords such as 'specific performance', 'property law', 'Limitation Act', and 'co-owner rights' are essential in understanding this case and its broader implications in property law disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAJJAD ALI SHAH,
MUHAMMAD ALI MAZHAR
|
| Lawyers |
Syed Shahenshah Hussain,
Mazhar Ali B. Chohan,
Ghulam Mustafa Lakhani,
Ghulam Rasool Mangi
|
| Petitioners |
KHUDADAD
|
| Respondents |
SYED GHAZANFAR ALI SHAH ALIAS S. INAAM HUSSAIN AND OTHERS
|
| Citations |
2022 SLD 1021,
2022 SCMR 933
|
| Other Citations |
Ghulam Rasool and others v. Sardar-ul-Hassan and another 1997 SCMR 976,
Mst. Ummatul Waheed and others v. Mst. Nasira Kausar and others 1985 SCMR 214,
Messrs Waqas Enterprises and others v. Allied Bank of Pakistan and others 1999 SCMR 85
|
| Laws Involved |
Transfer of Property Act, 1882,
Specific Relief Act, 1877,
Qanun-e-Shahadat (10 of 1984),
Limitation Act, 1908
|
| Sections |
54,
44,
12,
84,
79,
113
|