| Case ID |
2bdda47a-b9a1-41c5-88a5-f0a7e48e4b25 |
| Body |
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| Case Number |
Civil Petition No.574 of 2006 |
| Decision Date |
Feb 14, 2007 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition filed by the petitioners seeking specific performance of an agreement to sell land. The Court found that the petitioners had failed to produce the requisite number of witnesses to substantiate their claim, which was a critical factor in the dismissal. The concurrent findings of the lower courts were upheld, as they had dismissed the suit based on the insufficient evidence provided by the petitioners. The Supreme Court emphasized the importance of following procedural requirements and the necessity of producing two attesting witnesses as stipulated in the relevant laws. The Court concluded that the petitioners did not demonstrate any misreading or non-reading of the record that would warrant interference with the decisions of the lower courts. |
| Summary |
In the case of Civil Petition No.574 of 2006, the Supreme Court of Pakistan dealt with a dispute regarding the specific performance of an agreement to sell land. The petitioners, Rafaqat Ali and others, claimed that after the allotment of land under the Tarbela Dam Affectees Scheme, they had entered into an agreement to sell with the respondents, Mst. Jamshed Bibi and others. However, the respondents failed to execute the sale-deed as per the agreement. The petitioners filed a suit for specific performance in the Civil Court, which was dismissed on the grounds of insufficient evidence. The petitioners appealed the decision through various courts, but all upheld the dismissal. The Supreme Court reiterated that specific performance is an equitable relief and pointed out that the petitioners produced only one witness instead of the required two to validate the agreement. The Court also acknowledged the limited jurisdiction of the High Court when reviewing concurrent findings of fact from lower courts. Ultimately, the Supreme Court dismissed the petition, emphasizing adherence to legal standards in evidentiary requirements. This case highlights the critical importance of producing adequate evidence in legal proceedings, particularly in matters concerning property and contractual agreements. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD NAWAZ ABBASI,
CH. IJAZ AHMED
|
| Lawyers |
Raja Muhammad Ibrahim Satti,
M.S. Khattak
|
| Petitioners |
RAFAQAT ALI,
Others
|
| Respondents |
Others,
Mst. JAMSHED BIBI
|
| Citations |
2007 SLD 1563,
2007 SCMR 1076
|
| Other Citations |
2000 YLR 1983,
PLD 2003 SC 31,
2003 MLD 131,
PLD 1994 SC 326,
PLD 1949 PC 26,
2001 SCMR 1700,
2000 SCMR 346
|
| Laws Involved |
Specific Relief Act (I of 1877),
Qanun-e-Shahadat (10 of 1984),
Constitution of Pakistan (1973),
Civil Procedure Code (V of 1908)
|
| Sections |
12,
17,
79,
185(3),
115
|