| Case ID |
0ffb82ec-ebab-445d-8505-5f3adc004f4c |
| Body |
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| Case Number |
Civil Petitions Nos. 1655 and 1656-L of 1996 |
| Decision Date |
Nov 10, 1996 |
| Hearing Date |
Nov 10, 1996 |
| Decision |
The Supreme Court of Pakistan granted leave to appeal in both petitions challenging a common judgment of the Lahore High Court, which had dismissed the petitioners' appeal and civil revision concerning specific performance of sale agreements. The case revolved around the validity of the sale agreements executed by Muhammad Hussain's attorney, raising questions about their authenticity and the proper proof required for such documents. The Court noted that the agreements could not be proven effectively as only one marginal witness was presented instead of the required two. Therefore, the Court decided to consider the legal implications of the sale agreements and the sufficiency of the evidence presented. |
| Summary |
In the case of Civil Petitions Nos. 1655 and 1656-L of 1996, the Supreme Court of Pakistan deliberated on the appeals concerning the specific performance of sale agreements allegedly executed posthumously by Muhammad Hussain through his attorney, Rehmat Ali. The core of the dispute was whether the agreements were legitimate, given that they were purportedly executed on a date when Muhammad Hussain was deceased. The Court emphasized the importance of adhering to the evidentiary requirements as outlined in the Qanun-e-Shahadat, particularly regarding the necessity of two marginal witnesses for validating such documents. The ruling underscored the critical nature of proper documentation and the legal standards necessary for upholding agreements of this nature, reflecting the principles of property law and contract enforcement in Pakistan. This case highlights the complexities of real estate transactions, particularly in instances where the authenticity of documentation is questioned, and serves as a reminder of the stringent requirements set forth by law. The decision ultimately granted leave to appeal, allowing for further examination of these pivotal legal issues. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
FAZAL RAHI KHAN,
ZIA MAHMOOD MIRZA,
RAJA AFRASIA6 KHAN
|
| Lawyers |
Rana Nasrullah Khan
|
| Petitioners |
IMRAN HUSSAIN and others
|
| Respondents |
LAL DIN and others
|
| Citations |
1998 SLD 1187,
1998 SCMR 99
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act (I of 1877),
Qanun-e-Shahadat (10 of 1984),
Constitution of Pakistan (1973)
|
| Sections |
12,
17,
185(3)
|