| Case ID |
e1dc70f6-d293-4609-a5db-7a8a0eb09db4 |
| Body |
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| Case Number |
Civil Revision No. 38 of 1993 |
| Decision Date |
Jul 25, 1997 |
| Hearing Date |
|
| Decision |
The Peshawar High Court ruled in favor of the petitioner, KHANZADA INAMULLAH KHAN, restoring the trial court's decree for specific performance of the agreement regarding the suit land. The court found overwhelming evidence supporting the existence of an oral agreement between the parties, which was legally enforceable. The court emphasized that the petitioner had been in exclusive possession of the land since 1964 and had made significant improvements to it. The appellate court's decision to dismiss the suit was overturned, reaffirming the trial court's findings and granting the petitioner the rights to the land in question, along with a permanent injunction against the respondents from interfering with the petitioner's possession. |
| Summary |
In this landmark case, KHANZADA INAMULLAH KHAN sought the enforcement of an oral agreement concerning the sale and possession of agricultural land. The petitioner argued that he had been in exclusive possession of the land since 1964, having made substantial improvements and incurred costs for its cultivation. The court examined the evidence, including witness statements corroborating the agreement and the petitioner's long-standing possession. The ruling highlighted the importance of the Qanun e Shahadat and the Transfer of Property Act in establishing the validity of the agreement. Ultimately, the court ruled in favor of the petitioner, emphasizing the enforceability of agreements made under Pakistani law. This case sets a significant precedent for property rights and the enforcement of oral agreements in Pakistan, ensuring that rightful owners maintain their claims against unlawful interference. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
HAMID SAEED MALIK, JUSTICE
|
| Lawyers |
Syed Zafar Abbas Zaidi,
S.Allah Nawaz Khan,
Gohar Zaman Khan Kundi,
Dost Muhammad Khan
|
| Petitioners |
KHANZADA INAMULLAH KHAN
|
| Respondents |
3 OTHERS,
MST. ZAKIA QUTAB
|
| Citations |
1998 SLD 1218,
1998 PLD 52
|
| Other Citations |
Zafar Iqbal v. Bashir Ahmad PLD 1988 SC 109,
Ali Muhammad Khan v. Riazullah Khera PLD 1981 Kar. 170,
Shamoon and others v. Ahmad and others 1986 SCMR 888,
Muhammad Ramzan v. Mst. Yaqoob Begum and others PLD 1991 SC 277,
Syed Kamal Shah v. Sherbaz Khan and others 1994 MLD 2334,
Shahabuddin and others v. Mst. Maryam Bibi and others 1995 MLD 45,
Sibtain Fasli v. Star Film Distributors and another PLD 1964 SC 337
|
| Laws Involved |
Qanun e Shahadat (10 of 1984),
Transfer of Property Act (IV of 1882),
Contract Act (IX of 1872),
Specific Relief Act (I of 1877)
|
| Sections |
2(1)(c),
164,
53 A,
54,
188,
42,
12
|