| Case ID |
2ba6d423-5469-4449-b393-8f644beb026e |
| Body |
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| Case Number |
Civil Revision No. 1354 of 2014 |
| Decision Date |
Nov 06, 2018 |
| Hearing Date |
Nov 06, 2018 |
| Decision |
The Lahore High Court dismissed the revision petition after analyzing the evidence and arguments presented. The court found that the trial court had misread the evidence, particularly regarding the execution of the agreement to sell by the illiterate lady, Rasheeda Begum. The appellate court's judgment, which set aside the trial court's decision, was upheld as it correctly noted contradictions in the petitioner's evidence and the lack of verification of thumb impressions and signatures. The court emphasized the heavy burden of proof on the petitioner to establish the validity of the agreement, which was not met. |
| Summary |
In the case of Civil Revision No. 1354 of 2014, the Lahore High Court dealt with a dispute concerning the specific performance of an agreement to sell land. The petitioner, Naseer Ahmad Awan, claimed that Rasheeda Begum, an illiterate lady, had agreed to sell him a plot of land. However, the respondents refuted the existence of any such agreement, alleging forgery and fraud. The trial court initially ruled in favor of the petitioner, but the appellate court overturned this decision, leading to the revision petition. The high court found that the evidence presented by the petitioner was insufficient to establish the agreement's authenticity, particularly given the respondent's illiteracy and the absence of independent verification of the signatures. This case highlights the complexities involved in transactions with vulnerable parties and reinforces the legal protections afforded to illiterate and pardanashin women under Pakistani law. The decision underscores the importance of proper evidential support in property disputes, especially where claims of forgery arise. The ruling serves as a reminder for legal practitioners to ensure thorough documentation and verification in real estate transactions. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
RASAAL HASAN SYED,
JAMEEL AHMAD ZAHID
|
| Lawyers |
Mudassar Ali Gill
|
| Petitioners |
Naseer Ahmad Awan
|
| Respondents |
Others,
Rasheeda Begum
|
| Citations |
2019 SLD 889,
2019 MLD 485
|
| Other Citations |
2005 SCMR 1859,
1997 SCMR 459,
2013 SCMR 868
|
| Laws Involved |
Specific Relief Act, 1877,
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
12,
127
|