| Case ID |
42194177-be78-4e75-9beb-f4cd8a29c9b2 |
| Body |
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| Case Number |
C.R. No. 296-D of 2012 |
| Decision Date |
Oct 04, 2022 |
| Hearing Date |
Oct 04, 2022 |
| Decision |
The Lahore High Court set aside the judgment and decree dated 02.03.2012 of the learned Appellate Court. The revision petition was allowed, reaffirming the earlier decision of the trial court. The court found that the respondents failed to prove the agreement to sell and the payment of consideration, which are essential elements of a valid contract. The court noted inconsistencies in the evidence presented by the respondents and emphasized the need for direct evidence regarding the payment. The court ruled in favor of the petitioners, effectively canceling the contested mutation. |
| Summary |
This case revolves around a civil revision petition filed under the Civil Procedure Code, challenging the validity of a mutation based on an alleged agreement to sell property. The Lahore High Court scrutinized the evidence presented by both parties, emphasizing the importance of proving consideration in contracts. It concluded that the respondents failed to provide sufficient direct evidence regarding the payment involved in the agreement to sell. The court's decision underscores the necessity of credible witness testimony and proper procedural adherence in property disputes, making it a significant reference for future cases regarding contract validity and property rights. |
| Court |
Lahore High Court, Multan Bench
|
| Entities Involved |
Not available
|
| Judges |
Sultan Tanvir Ahmad,
Mst. KANEEZA BIBI
|
| Lawyers |
Mr. Muhammad Faisal Bashir Chaudhary,
Malik Muhammad Zafar Iqbal
|
| Petitioners |
4 others,
Mst. KANEEZA BIBI
|
| Respondents |
3 others,
SABIR HUSSAIN
|
| Citations |
2023 SLD 6939,
2023 PLJ 172
|
| Other Citations |
2022 SCMR 1231,
2007 SCMR 957,
2003 SCMR 1008,
2022 SCMR 1009,
1991 SCMR 1508,
PLD 2007 SC 582
|
| Laws Involved |
Specific Relief Act, 1877,
Civil Procedure Code (V of 1908)
|
| Sections |
42,
115
|