| Case ID |
e23e92a7-cbff-4e42-8d13-ce09f227c21b |
| Body |
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| Case Number |
Regular Second Appeal No.141 of 2004 |
| Decision Date |
May 23, 2007 |
| Hearing Date |
May 23, 2007 |
| Decision |
The Lahore High Court dismissed the appellant's second appeal asserting that the oral agreement for the sale of the property was not proved. The court upheld the findings of the lower courts, emphasizing that the written agreement reflected a higher sale price than the appellant claimed. The court noted that the plaintiff's failure to produce key evidence and witnesses, along with the return of earnest money, undermined his position. The court concluded that the appellant was not entitled to the discretionary relief of specific performance due to his inconsistent claims and failure to act upon the written agreement. |
| Summary |
In the case of Regular Second Appeal No.141 of 2004, the Lahore High Court examined the dispute over an alleged oral agreement for the sale of a property located at 1126/B Peoples Colony No.2 Faisalabad. The appellant, Mian MUHAMMAD IKRAM ULLAH SHAFAQ, claimed that the property was to be sold for Rs.10,00,000 with a payment of Rs.100,000 as earnest money, while the respondents, Mst. BUSHRA KHANAM and another, contended that the sale price was actually Rs.15,30,000 as per a written agreement executed on 28-9-1989. The court found that the written agreement was valid and supported by evidence, while the appellant failed to substantiate his claims regarding the oral agreement. The decision emphasized the importance of clear documentation in property transactions and the necessity for parties to adhere to the terms agreed upon in written form. The court's ruling reinforces the principle of specific performance in contract law, particularly in real estate transactions, where evidence and witness credibility play crucial roles in determining the outcome. Key terms such as 'specific performance,' 'real estate contract,' and 'oral agreement' highlight the case's relevance in legal discussions about property rights and contractual obligations. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD SAIR ALI, J
|
| Lawyers |
Arshad Nazir Mirza,
Aamar Raza A. Khan
|
| Petitioners |
Mian MUHAMMAD IKRAM ULLAH SHAFAQ
|
| Respondents |
another,
Mst. BUSHRA KHANAM
|
| Citations |
2007 SLD 2704 = 2007 CLC 1868
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act (1 of 1877)
|
| Sections |
12
|