| Case ID |
1655a057-ff4b-46f4-b75d-224ad3ec799c |
| Body |
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| Case Number |
Civil Petitions Nos. 1086 of 1976 and 131 of 1977 |
| Decision Date |
Mar 08, 1982 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petitions filed by Muhammad Yousaf regarding the sale of land. The Court upheld the decision of the Lahore High Court, which had found that an oral sale had indeed taken place despite challenges regarding the written agreement required under Section 53-A of the Transfer of Property Act. The Court noted that the report from a handwriting expert had not been permitted as evidence in earlier proceedings, and since the grievance was not pursued further in the High Court, it could not be raised at the Supreme Court level. The decision emphasized the validity of oral sales and the curability of defects through proper documentation. |
| Summary |
In the case of Muhammad Yousaf vs. Ejaz Hussain, the Supreme Court of Pakistan addressed significant issues related to the Transfer of Property Act and the validity of oral agreements. The case revolved around a dispute over the sale of land, where Muhammad Yousaf contested the validity of the sale on the grounds that a written agreement was not established. The Court highlighted the importance of expert testimony in property disputes, particularly the role of handwriting experts. The ruling reinforced the notion that oral sales are not void despite procedural deficiencies, provided they can be rectified through formal documentation. This case serves as a pivotal reference for property law, emphasizing the necessity of understanding both oral and written agreements in real estate transactions. Legal practitioners and scholars should pay attention to the implications of this case as it influences future property disputes and clarifies the requirements under the Transfer of Property Act. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIM HASAN SHAH,
M. S. H. QURESHI
|
| Lawyers |
Abdul Aziz Qureshi,
Iqbal Ahmad Qureshi
|
| Petitioners |
MUHAMMAD YOUSAF
|
| Respondents |
ANOTHER,
EJAZ HUSSAIN alias IJAZ KHAN
|
| Citations |
1982 SLD 473,
1982 SCMR 786
|
| Other Citations |
Abdul Karim v. Fazal Muhammad Shah P L D 1967 S C 411
|
| Laws Involved |
Transfer of Property Act (IV of 1882),
Constitution of Pakistan (1973)
|
| Sections |
53-A,
185(3)
|