| Case ID |
0f689e50-b3d8-4ba4-aeee-7b4d84fa74a6 |
| Body |
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| 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
|