| Case ID |
1fde16f8-5cf3-427c-8bdb-0d0dc066a8c4 |
| Body |
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| Case Number |
Civil Revisions Nos.431 of 1996 and 738 of 1997 |
| Decision Date |
Dec 11, 2000 |
| Hearing Date |
Dec 11, 2000 |
| Decision |
The Lahore High Court allowed the civil revisions filed by the petitioner and set aside the judgment and decree passed by the learned Additional District Judge while restoring that of the trial Court. The trial Court had previously decreed the suit for specific performance of an agreement between the petitioner and the respondents, which the respondents had failed to honor. The Court found that the evidence presented by the petitioner was credible and sufficient to prove the execution of the agreements. The appellate court's judgment was deemed to have suffered from misreading and failure to consider the evidence correctly, leading to an unjust dismissal of the suit. |
| Summary |
In the case of Rana ASGHAR HUSSAIN alias Rana ASGHAR ALI vs SHER MUHAMMAD and others, the Lahore High Court dealt with civil revisions pertaining to a suit for specific performance of a contract under the Specific Relief Act. The petitioner claimed that an agreement for the sale of land was executed, which the respondents refused to honor. The trial Court found for the petitioner, but this was reversed by the appellate court. The High Court, upon review, found that the appellate court misread critical evidence and restored the trial court's decision. This case emphasizes the importance of evidentiary standards in contract disputes and the judicial scrutiny necessary to ensure just outcomes in civil proceedings, highlighting the role of legal representation in navigating complex property agreements. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MAULVI ANWARUL HAQ, J
|
| Lawyers |
Mrs. Nasira Iqbal,
Ch. Mushtaq Ahmad Khan
|
| Petitioners |
Rana ASGHAR HUSSAIN alias Rana ASGHAR ALI
|
| Respondents |
5 others,
SHER MUHAMMAD
|
| Citations |
2001 SLD 2589,
2001 CLC 1669
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act (I of 1877),
Civil Procedure Code (V of 1908)
|
| Sections |
12,
115
|