| Case ID |
e9e2c848-539f-4cb2-a406-baa7c531aa58 |
| Body |
View case body. Login to View |
| Case Number |
Civil Revision No. 39 of 2007 |
| Decision Date |
May 22, 2013 |
| Hearing Date |
Mar 08, 2013 |
| Decision |
The Sindh High Court determined that the findings of the lower courts were conflicting regarding the ownership and sale of the property in question. It was established that the agreement for sale of the property was unenforceable as the vendor was not the owner at the time of the agreement. The court emphasized the necessity of adhering to the requirements of the Qanun-e-Shahadat regarding attestation and evidence. The appeal was allowed, setting aside the lower court's decree, favoring the applicant's position that the agreement was void due to lack of consideration and ownership. The court maintained the trial court's dismissal of the suit, reinforcing the principle that agreements must meet legal standards to be enforced. |
| Summary |
This case revolves around a civil revision concerning the specific performance of a sale agreement for immovable property. The Sindh High Court addressed conflicting findings from lower courts regarding the ownership and legitimacy of an agreement made between parties. The applicant, NASIM HAYAT, contended that the agreement was void as the vendor, Mrs. NASEEM AKHTAR, was not the owner of the property at the time of the contract. The court analyzed the legal requirements set forth in the Civil Procedure Code, Qanun-e-Shahadat, Specific Relief Act, and Contract Act, emphasizing the importance of evidence and proper attestation in agreements involving property sales. Ultimately, the court ruled in favor of the applicant, reinforcing the necessity for clarity and legality in property transactions. This case highlights critical legal principles regarding ownership rights, contract enforceability, and evidentiary standards, making it a significant reference for similar disputes in property law. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
NADEEM AKHTAR, J
|
| Lawyers |
Jhamat Jethanand,
Irfan Ahmed Qureshi
|
| Petitioners |
NASIM HAYAT
|
| Respondents |
Mrs. NASEEM AKHTAR
|
| Citations |
2015 SLD 2093,
2015 YLR 1387
|
| Other Citations |
Karim Bakhsh through L.Rs. and others v. Jindwadda Shah and others 2005 SCMR 1518,
Abdul Rashid v. Muhammad Yasin and another 2010 SCMR 1871,
Mst. Rasheeda Begum and others v. Muhammad Yousaf 2002 SCMR 1089,
Sanaullah and another v. Muhammad Manzoor and another PLD 1996 SC 256,
Khalil Ahmed v. Settlement Authorities through Settlement Commissioner (Land) Multan Division, Multan and others 1968 SCMR 801,
Binyameen and 3 others v. Chaudhry Hakim and another 1996 SCMR 336,
Abdul Haque and others v. Shaukat Ali and 2 others 2003 SCMR 74,
Muhammad Bashir and others v. Chiragh Din through Legal Heirs and others 2003 SCMR 774
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Qanun-e-Shahadat (10 of 1984),
Specific Relief Act (I of 1877),
Contract Act (IX of 1872)
|
| Sections |
115,
17,
79,
12,
27(b),
10,
62
|