| Case ID |
379d3cfa-face-4385-ad9b-6f95882b9cdb |
| Body |
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| Case Number |
Civil Petition No. 84 of 2016 |
| Decision Date |
Oct 20, 2020 |
| Hearing Date |
Oct 20, 2020 |
| Decision |
The Supreme Court of Pakistan allowed the petition for leave to appeal, overturning the judgment of the Peshawar High Court which had dismissed the suit for specific performance. The court ruled that the agreement to sell was valid and enforceable despite the absence of the second attesting witness, citing the overwhelming evidence of execution and the conduct of the parties. The court emphasized that mere denial of signatures or the authenticity of the document without concrete evidence is insufficient to challenge its validity. Consequently, the suit for specific performance was decreed in favor of the petitioner, allowing them to claim the remaining balance of the sale consideration and canceling any subsequent sham transactions regarding the property. |
| Summary |
In the case of Civil Petition No. 84 of 2016, the Supreme Court of Pakistan addressed the complexities surrounding oral agreements and the requirements for valid property transactions under the Transfer of Property Act, 1882, and the Qanun-e-Shahadat (1984). The court found that an oral agreement to sell, coupled with acts of part performance, constituted sufficient evidence of a binding contract despite challenges regarding the authenticity of signatures. The ruling highlighted the importance of concrete evidence in property disputes, reinforcing that mere allegations without proof cannot invalidate a legal agreement. This decision serves as a significant precedent for future cases involving property transactions and agreements, emphasizing the need for clarity and substantiation in legal claims. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Mazhar Alam Khan Minakhel,
Munib Akhtar
|
| Lawyers |
Naveed Akhtar, Advocate Supreme Court for Petitioner,
Muhammad Ilyas Siddiqui, Advocate Supreme Court for Respondents Nos. 2-3
|
| Petitioners |
Sajjad Ahmad Khan
|
| Respondents |
Others,
Muhammad Saleem Alvi
|
| Citations |
2021 SLD 609,
2021 SCMR 415
|
| Other Citations |
2017 SCMR 98,
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Transfer of Property Act, 1882,
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
54,
79
|