Legal Case Summary

Case Details
Case ID 0f689e50-b3d8-4ba4-aeee-7b4d84fa74a6
Body View case body.
Case Number R.S.A. No. 81 of 2014
Decision Date Sep 19, 2017
Hearing Date Sep 19, 2017
Decision The Lahore High Court dismissed the appeal filed by the appellants, affirming the previous court's decision to decree the suit for specific performance of an oral agreement to sell property. The court found that the evidence presented by the respondents was credible and that the appellants failed to substantiate their claims effectively. The court emphasized that the jurisdiction under Section 100 C.P.C. is limited to questions of law and not fact, thus supporting the lower courts' findings without any material irregularity.
Summary In the case of R.S.A. No. 81 of 2014, the Lahore High Court examined an appeal regarding the specific performance of an oral agreement to sell property. The court confirmed the lower courts' rulings, emphasizing the weight of evidence provided by the respondent. Key legal frameworks involved included the Specific Relief Act, 1877, particularly Section 42, and the Civil Procedure Code, 1908, Section 100. The court's decision underscored the importance of credible testimony and the limitations of appellate review, focusing on the reliability of the evidence presented and the procedural integrity of the trial process. The case highlights critical aspects of property law and the enforcement of oral agreements in real estate transactions, making it significant for legal practitioners in the field. Keywords: specific performance, oral agreement, property law, Lahore High Court, legal evidence, appellate review.
Court Lahore High Court
Entities Involved Not available
Judges MUHAMMAD ALI
Lawyers Mian Ashfaq Ahmed Sial, Syed Tajamal Hussain Bukhari
Petitioners GHULAM FATIMA AND OTHERS
Respondents MUHAMMAD IQBAL
Citations 2018 SLD 2286, 2018 PLJ 635
Other Citations Muhammad Feroze and others v. Muhammad Jamaal Ali 2006 SCMR 1304, Hamid Qayyum v. Muhammad Azeem 1991 CLC 812
Laws Involved Specific Relief Act, 1877, Civil Procedure Code (V of 1908)
Sections 42, 100