| Case ID |
380302ad-8d7d-41b2-86ab-51c6193fcc83 |
| Body |
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| Case Number |
Civil Appeal No. 342 of 2014 |
| Decision Date |
Oct 20, 2020 |
| Hearing Date |
Oct 20, 2020 |
| Decision |
The Supreme Court allowed the appeal, restoring the decision of the trial court that had decreed a suit for specific performance of a registered agreement to sell dated June 26, 1986. The court found that despite the non-signing of the agreement by the vendee, sufficient evidence existed to validate the contract, including registration and witness testimonies. The court emphasized that an agreement can be valid even without a signature, as long as acceptance is communicated. The findings of the Lahore High Court were deemed contrary to established legal principles, thus the appeal was granted with no orders as to costs. |
| Summary |
This case revolves around the legal principles governing the Transfer of Property and Contract laws in Pakistan. The Supreme Court of Pakistan addressed the validity of a contract for the sale of immovable property where the vendee did not sign the agreement. The court concluded that an oral agreement could be valid if acceptance is clearly communicated. The court restored the trial court's ruling, highlighting the importance of registered documentation and witness corroboration in property transactions. This ruling reinforces the idea that legal agreements do not always require signatures to be binding, ensuring rights are protected even in cases of incomplete formalities. Keywords related to property law, contract validity, and legal precedent are pivotal for understanding the implications of this case. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUNIB AKHTAR, J.
|
| Lawyers |
Mirza M. Aziz-ur-Rehman, Advocate Supreme Court for Appellants/Applicants,
Syed Muhammad Kaleem Ahmed Khurshid, Advocate Supreme Court for Respondents
|
| Petitioners |
ALLAH DITTA and others
|
| Respondents |
YAQOOB ALI and others
|
| Citations |
2022 SLD 2292,
2022 SCMR 1687
|
| Other Citations |
Not available
|
| Laws Involved |
Transfer of Property Act, 1882,
Contract Act, 1872
|
| Sections |
54,
8,
9
|