| Case ID |
2295767a-41c0-4863-90f6-d9b2394c4a6c |
| Body |
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| 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
|