| Case ID |
4676b120-5171-4d99-b065-241c4f429876 |
| Body |
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| Case Number |
Civil Revision No. 627-D of 1988 |
| Decision Date |
Feb 22, 1993 |
| Hearing Date |
Feb 22, 1993 |
| Decision |
The civil revision was dismissed, affirming the lower courts' findings regarding the non-genuineness of the agreement to sell. The plaintiffs failed to prove the execution of the agreement, as they did not produce the marginal witnesses to support their claims. The trial court's decision to dismiss the suit for specific performance was upheld, and it was concluded that there was no valid agreement to sell the property in question. Costs were assessed at Rs. 2,000, and the pending ejectment case was directed to be expedited. |
| Summary |
This case arose from a civil suit for specific performance by the plaintiffs regarding an agreement to sell a house. The trial court dismissed the suit, and the appeal was also unsuccessful. The plaintiffs claimed that they had a prior agreement to purchase the house, but the defendants denied this and produced evidence to support their claims. The court found that the plaintiffs did not fulfill their burden of proof regarding the genuineness of the agreement. The case highlights the importance of producing credible evidence and witnesses to substantiate claims of contractual agreements in property disputes. The ruling emphasizes the necessity of a thorough examination of evidence in civil proceedings, particularly in cases involving real estate transactions. The decision serves as a precedent in understanding the legal requirements for proving the validity of agreements in property law. |
| Court |
Lahore High Court
|
| Entities Involved |
House No. 29/68, Oila Rupa Singh, Chunian, District Kasur,
Nazar Muhammad Khan
|
| Judges |
GILL ZARIN KIANI, J
|
| Lawyers |
Ghulam Mustafa Jafri for Petitioners,
Muhammad Zafar Chaudhry for Respondents Nos. 1 to 4
|
| Petitioners |
GHULAM HUSSAIN,
Ghulam Mustafa Jafri
|
| Respondents |
Khair Din,
MEHDI HASSAN KHAN,
Mst. Batool Begum,
Muhammad Ramzan Khan
|
| Citations |
1993 SLD 1151,
1993 PLD 303
|
| Other Citations |
Not available
|
| Laws Involved |
Qanun-e-Shahadat, 1984,
Civil Procedure Code, 1908
|
| Sections |
Art. 118,
S.115
|