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MUHAMMAD RIAZ vs Mst — 2021 SCMR 605 SUPREME-COURT

Case information

Citation
2021 SCMR 605 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
MUHAMMAD RIAZ vs Mst
Subject matter
Civil
Provisions referred to
S. 54---C; S. 29---S; S. 21; Civil Procedure Code (V of 1908)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD RIAZ VS Mst. BADSHAH BEGUM S. 54---Civil Procedure Code (V of 1908), O. VI, Rr. 2, 3 & appendix a---Contract act (IX of 1872), S. 29---Specific Relief act (I of 1877), Ss. 12 & 21(c)---Oral sale agreement for immoveable property---agreement void for uncertainty---Pleadings---Scope---Petitioner-purchaser had alleged that an oral agreement for sale of the subject land was made between the parties but the particulars of the land and of the oral agreement were not detailed in the plaint---Land sought to be purchased was not particularized in the plaint, and the witnesses of the said oral agreement (if any) were also not mentioned---Furthermore plaintiffs did not set out the particulars of such oral agreement as per the two prescribed forms for a plaint seeking specific performance provided in appendix a of C.P.C. or as nearly as may be thereto, and also did not describe the land which was the subject matter of the agreement---Subject agreement would, therefore, be void for uncertainty in terms of section 29 of the Contract act, 1872 and consequently, it could not be specifically enforced as stipulated by S. 21(c) of the Specific Relief act, 1877---Petition for leave to appeal was dismissed and leave was refused.

Other judgments reported in 2021 SCMR

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