Legal Case Summary

Case Details
Case ID 2295767a-41c0-4863-90f6-d9b2394c4a6c
Body View case body.
Case Number C.P. No. 3135 of 2001
Decision Date Oct 31, 2003
Hearing Date Oct 31, 2003
Decision The Supreme Court of Pakistan ruled against the petitioner, Rehmat Ali Ismailia, affirming the decisions of the lower courts. The court found that the evidence presented by the respondent, Khalid Mehmood, sufficiently proved the existence and execution of the sale agreement dated 5.8.1989 for the property in question. The court emphasized that judicial proceedings must be given full faith and credit, and the mere oral denial of the petitioner was insufficient to challenge the documented evidence. Consequently, the petition for leave to appeal was dismissed, upholding the lower courts' decrees.
Summary The case of Rehmat Ali Ismailia vs. Khalid Mehmood involves a dispute over the specific performance of a real estate sale agreement. The Supreme Court of Pakistan affirmed the lower court's ruling that the petitioner had indeed executed the sale agreement and received the stipulated consideration of Rs. 5,04,000. The court emphasized the importance of judicial integrity and the evidentiary weight of prior court statements. This case highlights the legal principles surrounding contract enforcement, judicial proceedings, and the evidential standards necessary for challenging documented agreements in court. Keywords include 'specific performance', 'real estate law', 'contract enforcement', and 'judicial integrity'.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges HAMID ALI MIRZA, ABDUL HAMEED DOGAR, FAQIR MUHAMMAD KHOKHAR
Lawyers Hafiz S.A. Rehman Sr. ASC, Zaheer Ahmad Qadri, ASC, Mr. Mehr Khan Malik, AOR
Petitioners REHMAT ALI ISMAILIA
Respondents KHALID MEHMOOD
Citations 2004 SLD 3242, 2004 PLJ 703
Other Citations PLD 1971 SC 730, 1994 SCMR 65, PLD 1969 SC 136, 1997 SCMR 976, 1985 SCMR 214, 1999 SCMR 85
Laws Involved Constitution of Pakistan, 1973, Specific Relief Act, 1877, Qanun-e-Shahadat, 1984
Sections 150, 185(3), 12, 84, 46