| Case ID |
0b992e4d-b362-49cd-b9d0-bdf0088d03f6 |
| Body |
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| Case Number |
Civil Appeals Nos.327, 328, 1022 of 1995 and 1348 |
| Decision Date |
Apr 11, 2002 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed all the appeals, stating that the agreements to sell involved in the cases were not proved in accordance with the legal requirements for attestation and execution as stipulated in the applicable laws. The court emphasized that an agreement to sell does not create any interest in the immovable property unless it is properly executed and attested. The plaintiffs failed to examine necessary witnesses to substantiate their claims, and thus the appeals lacked merit. |
| Summary |
In the landmark case involving Mst. Rasheeda Begum and Muhammad Yousaf, the Supreme Court of Pakistan addressed critical issues surrounding the execution and attestation of agreements to sell under various laws including the Specific Relief Act and the Qanun-e-Shahadat. The court ruled that agreements to sell do not create interest in property without proper legal formalities. The decision highlights the importance of witness examination in proving agreements and sets a precedent for future real estate transactions. Legal practitioners should be aware of these requirements to ensure enforceability of contracts. This case serves as a vital reference for issues related to property law and contract enforcement. Keywords: Specific Relief Act, Transfer of Property Act, Qanun-e-Shahadat, contract law, property rights, legal requirements. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SH. RIAZ AHMED, C.J.,
QAZI MUHAMMAD FAROOQ, J
|
| Lawyers |
Mr. Abdul Shakoor, Advocate Supreme Court,
Rai Muhammad Nawaz Kharal, Advocate Supreme Court,
Mian Ghulam Hussain, Advocate Supreme Court,
Mr. Abdul Wahid Chaudhry, Advocate Supreme Court
|
| Petitioners |
Mst. RASHEEDA BEGUM and others
|
| Respondents |
MUHAMMAD YOUSAF and others
|
| Citations |
2002 SLD 1312,
2002 SCMR 1089
|
| Other Citations |
Muhammad Saeed v. Mst. Sardar Begum 1990 SCMR 1176
|
| Laws Involved |
Specific Relief Act,
Transfer of Property Act,
Registration Act,
Contract Act,
Qanun-e-Shahadat
|
| Sections |
12,
54,
17,
10,
17(2)(a),
79,
113,
117
|