| Case ID |
2ae71939-11f4-40da-8172-d63df869ce22 |
| Body |
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| Case Number |
Regular Second Appeals Nos. 175 and 203 of 2012 |
| Decision Date |
Sep 14, 2018 |
| Hearing Date |
Sep 14, 2018 |
| Decision |
The appeals were dismissed as the appellants failed to prove that the earlier judgments were contrary to law or that material issues were not determined by the lower courts. The court found that the original vendors had sold the property before the performance date and the appellants did not sufficiently demonstrate their status as bona fide purchasers. Additionally, the court emphasized that admissions made in the written statement by the original owners were binding and could not be denied by the appellants. The trial court's decision to allow specific performance was upheld, while the cross-objections filed by the appellants were dismissed. |
| Summary |
In the Regular Second Appeals Nos. 175 and 203 of 2012, the Lahore High Court examined the intricacies of property law as related to the Specific Relief Act, 1877, and the Civil Procedure Code. The case arose from a suit for specific performance of an agreement to sell land, where the original vendors claimed that the agreement had been cancelled due to non-payment by the plaintiff. The court determined that the appellants, who claimed to be bona fide purchasers, failed to establish their defense adequately. The court's thorough analysis of evidentiary rules, particularly concerning admissions in written statements and the burden of proof for subsequent vendees, highlighted the complexities of real estate transactions. The decision reinforced the importance of due diligence and the legal principles governing bona fide purchases, making it a significant reference for future property law cases. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
AMIN-UD-DIN KHAN, JUSTICE
|
| Lawyers |
Ch. Muhammad Anwar Bhinder,
Barrister Muhammad Umer Riaz,
Qaiser Hashmi
|
| Petitioners |
RIAZ AHMED AND OTHERS
|
| Respondents |
SAJID HUSSAIN AND OTHERS
|
| Citations |
2019 SLD 428,
2019 CLC 216
|
| Other Citations |
Hafiz Tassaduq Hussain v. Lal Khatoon and others PLD 2011 SC 296,
Muhammad Rafiq and others v. Muhammad Ali and others 2004 SCMR 704,
Mushtaq Ahmed v. Zafar Iqbal and others 2012 YLR 2599,
Naseer Ahmad and others v. Yousaf Murtaza Mirza and others 2016 CLC 160,
Fateh Muhammad through L.Rs. and others v. Fida Hussain Shah through L.Rs. 2007 CLC 1885,
Federation of Pakistan through Secretary Ministry of Defence and another v. Jaffar Khan and others PLD 2010 SC 604,
Abbas Ali v. Liaqat Ali and another 2013 SCMR 1600
|
| Laws Involved |
Specific Relief Act, 1877,
Civil Procedure Code (V of 1908),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
12,
100,
81
|