| Case ID |
25e3ea84-81a7-4af4-975d-3b32a852b3a6 |
| Body |
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| Case Number |
Civil Revision No. 2023 of 2013 |
| Decision Date |
Feb 17, 2017 |
| Hearing Date |
Feb 17, 2017 |
| Decision |
The Lahore High Court dismissed the civil revision filed by the petitioners, Muhammad Aslam and another, against the judgments and decrees passed by the learned Civil Judge and Additional District Judge. The court upheld the findings that the petitioners failed to prove the oral agreement to sell, particularly emphasizing the absence of independent witnesses and the illiteracy of the respondent, Nazir Bibi. The petitioners were deemed to have not discharged their burden of proof regarding the alleged oral agreement, and the concurrent findings of the lower courts were not found to be affected by any illegality or jurisdictional error. Thus, the appeal was dismissed. |
| Summary |
In the case of Muhammad Aslam and another vs. Naziran Bibi and another, the Lahore High Court dealt with a civil revision regarding a suit for specific performance of an oral agreement to sell property. The petitioners claimed that they entered into an agreement with the respondents, but the court found significant issues with the evidence presented. The key legal principles highlighted included the need for credible evidence to support claims of oral agreements, especially when involving illiterate individuals. The absence of independent witnesses and the lack of proper legal representation for the respondent played a critical role in the court's decision. The ruling reinforced the legal standards required for proving oral agreements in property transactions, emphasizing the importance of independent advice in such cases. The judgment serves as a crucial precedent in the realm of property law and specific performance claims, particularly in contexts involving vulnerable parties. This case is significant for legal practitioners dealing with property disputes and advocates representing clients in similar situations. The findings reiterate the necessity of clear, convincing evidence in enforcing oral agreements, which is essential for maintaining the sanctity of property transactions. |
| Court |
Lahore High Court
|
| Entities Involved |
|
| Judges |
CH. MUHAMMAD IQBAL, JUSTICE
|
| Lawyers |
Mr. Zulfiqar Ahmad,
Mr. Andaz Jillani Khan
|
| Petitioners |
ANOTHER,
MUHAMMAD ASLAM
|
| Respondents |
ANOTHER,
NAZIRAN BIBI
|
| Citations |
2019 SLD 338,
2019 PLJ 18
|
| Other Citations |
1994 SCMR 1194,
2004 SCMR 1370,
PLD 2005 SC 658,
2012 SCMR 1258,
2016 SCMR 862
|
| Laws Involved |
Specific Relief Act, 1877
|
| Sections |
42
|