| Case ID |
373b32d6-54b7-46b1-b707-0b0153dcf7eb |
| Body |
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| Case Number |
C.R. No. 304 of 1999 |
| Decision Date |
Sep 09, 2014 |
| Hearing Date |
Sep 09, 2014 |
| Decision |
The Lahore High Court accepted the civil revision petition, set aside the judgments and decrees passed by the lower courts, and dismissed the suit filed by Muhammad Mansha for specific performance of an agreement to sell. The court found that the plaintiff failed to prove the transaction of sale and valid execution of the agreement to sell. The non-production of crucial evidence and witnesses, as well as the unilateral nature of the agreement, rendered it unenforceable under the law. The court emphasized the plaintiff's duty to produce all relevant evidence and witnesses to support his claims. |
| Summary |
In the case of C.R. No. 304 of 1999, the Lahore High Court dealt with a civil revision regarding a suit for specific performance of an agreement to sell property. The plaintiff, Muhammad Mansha, alleged that he had entered into an agreement with Mst. Taj Mehlan, who failed to execute the sale deed. The court highlighted the importance of producing adequate evidence and witnesses to substantiate claims in property transactions. It was determined that the plaintiff had not only failed to prove the execution of the agreement but also the payment of sale consideration. The unilateral nature of the agreement was also a significant factor in the decision. The court's ruling underscored the necessity of adhering to legal standards while executing agreements related to property sales, thereby reinforcing the principles of contract law and evidentiary requirements. This decision serves as a crucial reference for future cases involving similar disputes and emphasizes the legal obligations of parties in real estate transactions. |
| Court |
Lahore High Court
|
| Entities Involved |
Muhammad Ramzan,
Muhammad Mansha,
Mst. Taj Mehlan
|
| Judges |
CH. MUHAMMAD MASOOD JAHANGIR, J
|
| Lawyers |
Taqi Ahmad Khan,
Muhammad Arif Gondal
|
| Petitioners |
others,
PERVAIZ AKHTAR
|
| Respondents |
others,
MUHAMMAD MANSHA
|
| Citations |
2015 SLD 2982 = 2015 YLR 2340
|
| Other Citations |
Hafiz Tassaduq Hussain v. Muhammad Din through Legal Heirs PLD 2011 SC 241,
Noor Begum v. Abdul Ghaffar 2003 YLR 1494,
Muhammad Sarwar Khan v. Salamat Ali 2012 CLC 94,
Mst. Gulshan Hamid v. Kh. Abdul Rehman and others 2010 SCMR 334,
Sher Shah v. Muhammad Suleman 2013 YLR 1017
|
| Laws Involved |
Specific Relief Act (I of 1877),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
12,
129 (g)
|