| Case ID |
4502e03d-1dc6-4baa-877b-9f01c5ad7cde |
| Body |
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| Case Number |
Civil Revision No. 327-D of 1996 |
| Decision Date |
May 08, 2003 |
| Hearing Date |
May 08, 2003 |
| Decision |
The Lahore High Court allowed the civil revision, setting aside the judgment and decree of the Additional District Judge, Chakwal, dated 21-03-1996 and restoring the trial court's decision dated 29-03-1989 which had dismissed the suit of the respondents. The court found that the plaintiffs had failed to prove the existence or performance of the agreement to sell, including payment of consideration or delivery of possession. It held that the protection under Section 53-A of the Transfer of Property Act was not applicable as there was no valid written agreement executed by the transferor. The court emphasized the need for a documented agreement to establish rights over the property in question. |
| Summary |
In the case of Civil Revision No. 327-D of 1996, the Lahore High Court addressed a dispute regarding the ownership and possession of a property based on an alleged agreement to sell. The petitioners contended that the respondents did not have a valid claim to the property as they failed to prove the execution of the agreement or the transfer of possession. The trial court had initially dismissed the suit, which was later overturned by the appellate court, allowing the respondents' claim. However, upon further review, the High Court reinstated the trial court's ruling, highlighting that the respondents could not substantiate their claims with sufficient evidence. The court reiterated that for protection under Section 53-A of the Transfer of Property Act, a written agreement must exist, and mere assertions without proof are insufficient. This case underscores the importance of formal documentation in property transactions and the legal standards required to establish ownership claims. Keywords: property ownership, agreement to sell, Lahore High Court, legal standards, Transfer of Property Act. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MAULVI ANWARUL HAQ, J
|
| Lawyers |
Syed Zulfiqar Abbas Naqvi,
Ch. Afrasiab Khan
|
| Petitioners |
2 OTHERS,
Syed HEHAN SHAH
|
| Respondents |
3 OTHERS,
Syed KAFAIT HUSSAIN SHAH
|
| Citations |
2003 SLD 2776 = 2003 PLC 1801
|
| Other Citations |
Fazla v. Mehr Din and 2 others 1997 SCMR 837
|
| Laws Involved |
Specific Relief Act (I of 1877),
Transfer of Property Act (IV of 1882)
|
| Sections |
42,
53-A
|