| Case ID |
d3cc8c75-a64a-4a5a-ba74-3d0a399bb283 |
| Body |
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| Case Number |
Civil Revision No. 571-D of 1996 |
| Decision Date |
Jun 02, 2015 |
| Hearing Date |
Jun 02, 2015 |
| Decision |
The Lahore High Court dismissed the revision petition, affirming the lower appellate court's judgment. The petitioner, who sought specific performance of an oral agreement to sell land, failed to provide sufficient evidence to support claims of an agreement or the payment of the consideration amount. The court noted that the plaintiff did not disclose the date of the alleged agreement, nor was there evidence that possession of the property was delivered. The findings of the lower appellate court were upheld, emphasizing the need for cogent evidence in cases of oral agreements. |
| Summary |
In the case of Civil Revision No. 571-D of 1996 decided by the Lahore High Court, the petitioner sought specific performance under the Specific Relief Act of an alleged oral agreement to sell land for Rs. 35,000. The court found that the petitioner failed to prove the existence of the agreement, the payment of earnest money, or that possession of the property had been transferred. The ruling emphasized the necessity of solid evidence in oral contracts, reiterating the legal principle that without documentary proof, claims may lack credibility. This case highlights the challenges faced in enforcing oral agreements, especially in property transactions where documentation is crucial. The court's decision reinforces the standards of evidence required in civil litigation, particularly in matters involving significant financial stakes and property rights. The case serves as a reminder for petitioners to ensure comprehensive documentation and evidence when pursuing claims for specific performance in property law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAHID KARIM
|
| Lawyers |
Malik Muhammad Tariq Rajwana
|
| Petitioners |
GHULAM HAIDER
|
| Respondents |
FAZAL AHMAD
|
| Citations |
2016 SLD 3829,
2016 YLR 1875
|
| Other Citations |
2015 SCMR 1
|
| Laws Involved |
Specific Relief Act (I of 1877)
|
| Sections |
12
|