Legal Case Summary

Case Details
Case ID e23e92a7-cbff-4e42-8d13-ce09f227c21b
Body View case body.
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