| Case ID |
e0d0ab1b-54f5-4ba0-8c12-803b597c1c07 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No. 1630 of 2018 |
| Decision Date |
Feb 24, 2021 |
| Hearing Date |
Feb 24, 2021 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal, affirming the Lahore High Court's decision which set aside the judgment of the Additional District Judge and restored the decree of the Civil Judge. The court found that the plaintiffs did not provide sufficient particulars regarding the alleged oral agreement for the sale of the property, rendering the agreement void for uncertainty under Section 29 of the Contract Act, 1872. Consequently, the agreement could not be specifically enforced as per Section 21(c) of the Specific Relief Act, 1877. The court emphasized the necessity of adhering to the prescribed forms for pleadings in cases seeking specific performance, which the plaintiffs failed to do. The court's ruling underscored the importance of clarity in legal agreements and the requirement for detailed pleadings to establish a valid claim for specific performance. |
| Summary |
This case revolves around a dispute concerning the specific performance of an alleged oral sale agreement for immovable property. The Supreme Court of Pakistan ruled on the validity of the agreement, focusing on the absence of specific details in the plaint regarding the property and the agreement terms. The court highlighted that the plaintiffs' failure to outline the particulars of the oral agreement led to its classification as void for uncertainty, which is a crucial aspect of contract law. The decision reaffirms the legal requirements for pleadings in civil cases and the necessity for clear and detailed information to support claims of specific performance. This case serves as a significant reference for future litigations involving property disputes and oral agreements, emphasizing the importance of formalized documentation in real estate transactions. Legal practitioners must ensure compliance with procedural rules to avoid dismissal of claims on technical grounds. Keywords: specific performance, oral agreement, property law, Transfer of Property Act, legal pleadings, Supreme Court of Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
QAZI FAEZ ISA,
YAHYA AFRIDI
|
| Lawyers |
M. Munir Paracha,
Mehmood A. Sheikh,
Tanveer Iqbal,
Syed Rifaqat Hussain Shah
|
| Petitioners |
MUHAMMAD RIAZ,
OTHERs
|
| Respondents |
OTHERS,
MST. BADSHAH BEGUM
|
| Citations |
2021 SLD 1344,
2021 SCMR 605
|
| Other Citations |
Muhammad Saleem v. Hameeda Begum (1987 SCMR 624, 629B)
|
| Laws Involved |
Transfer of Property Act, 1882,
Civil Procedure Code (V of 1908),
Contract Act, 1872,
Specific Relief Act, 1877
|
| Sections |
54,
2,
3,
29,
12,
21(c)
|