| Case ID |
3246176a-02bb-473a-8104-3601e80bf112 |
| Body |
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| Case Number |
Civil Revision No.390-D of 2019 |
| Decision Date |
Aug 06, 2019 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the revision petition filed by the petitioners challenging the concurrent findings of the trial and appellate courts regarding the specific performance of an alleged sale agreement. The court found that the petitioners failed to meet the burden of proof required to establish the existence and execution of the alleged agreement. The court noted discrepancies in the testimonies and evidence presented, emphasizing the necessity for credible and admissible evidence to support their claims. As a result, the decision of the lower courts was upheld, and the petitioners were unable to prove their case satisfactorily. |
| Summary |
In the case of Civil Revision No.390-D of 2019, the Lahore High Court addressed the petition for specific performance of a sale agreement involving land. The petitioners claimed that they had entered into an agreement for the sale of 100 kanals of land, asserting that earnest money was paid and the agreement was executed. However, the court found that the petitioners did not provide sufficient evidence to support their claims. The court highlighted the importance of producing two attesting witnesses to validate the execution of the document, which was not fulfilled in this instance. The ruling emphasized that the onus to prove the existence of the transaction lay heavily on the petitioners, who failed to establish the authenticity of the agreement. The decision reaffirms the legal standards for proving agreements and the necessity of credible evidence in such claims. This case serves as a significant reference for similar future disputes involving property agreements and the evidentiary requirements under Qanun-e-Shahadat and the Specific Relief Act. |
| Court |
Lahore High Court
|
| Entities Involved |
|
| Judges |
RASAAL HASAN SYED
|
| Lawyers |
Mrs. Samina Qureshi,
Abdul Ghaffar Chughtai
|
| Petitioners |
SHABBIR AHMED AND OTHERS
|
| Respondents |
CHOLISTAN DEVELOPMENT AUTHORITY AND OTHERS
|
| Citations |
2020 SLD 427 = 2020 CLC 243
|
| Other Citations |
Wali Muhammad Khan and another v. Mst. Amina and others 2018 SCMR 2080,
Khaliqdad Khan v. Mst. Zeenat Khatoon 2010 SCMR 1370,
Fida Hussain v. Murid Sakina 2004 SCMR 1043,
Farzand Ali and another v. Khuda Baksh and others PLD 2015 SC 187,
Hafiz Tassaduq Hussain v. Muhammad Din through Legal Heirs and others PLD 2011 SC 241,
Muhammad Nawaz through LRs. v. Haji Muhammad Baran Khan through LRs and others 2013 SCMR 1300
|
| Laws Involved |
Qanun-e-Shahadat (10 of 1984),
Specific Relief Act, 1877
|
| Sections |
17,
79,
117,
120,
12
|