| Case ID |
26337b46-4dbb-4eee-ad69-b7f29d7ed8c0 |
| Body |
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| Case Number |
Civil Appeal No.172 of 2019 |
| Decision Date |
Apr 01, 2022 |
| Hearing Date |
|
| Decision |
The appeal was dismissed as the trial court's decision was upheld. The court found that the appellants were not entitled to specific performance based on the agreements due to several legal deficiencies. The court noted that one of the respondents had not signed the agreement, and the other had alienated his share through a gift deed, which was not challenged. The court further stated that the agreements executed were in excess of the shares owned by the respondents, which invalidated the claim for specific performance. The plaintiffs could not substantiate their claims regarding the market value of the land as they failed to provide evidence. The overall findings of the trial court were deemed justified, leading to the dismissal of the suit with no costs awarded to either party. |
| Summary |
In the case of Civil Appeal No.172 of 2019, the High Court (AJ&K) dealt with an appeal regarding a suit for specific performance and perpetual injunction. The plaintiffs, ABDUL RAZZAQ and another, sought to enforce agreements to sell land that they claimed to have purchased. The case centered around the Specific Relief Act, 1877, and the Transfer of Property Act, 1882. The court found that the agreements were invalid as one respondent did not sign, while another had already transferred his interest in the property. The court also highlighted the principle that one cannot transfer a title greater than what one possesses. Ultimately, the appeal was dismissed, emphasizing the importance of proper documentation and legal standing in property transactions. This case underscores critical aspects of property law and contract enforcement in civil litigation, providing valuable insights for legal practitioners and scholars alike. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
CHAUDHARY KHALID RASHEED, J
|
| Lawyers |
Ahsan ul Haq Shami for Appellants.,
Sajjid Hussain Abbasi for Respondents Nos.1 and 2.,
Asif Shahzad for Respondent No.3.
|
| Petitioners |
ABDUL RAZZAQ and another
|
| Respondents |
MOHAMMAD SAGHEER and 2 others
|
| Citations |
2023 SLD 198 = 2023 CLC 262
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act, 1877,
Transfer of Property Act, 1882
|
| Sections |
12,
8,
54,
54
|