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SADDARUDDIN vs SULTAN KHAN S — 2021 SCMR 642 SUPREME-COURT

Case information

Citation
2021 SCMR 642 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
SADDARUDDIN vs SULTAN KHAN S
Subject matter
Civil
Provisions referred to
S. 42---S

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

SADDARUDDIN VS SULTAN KHAN S. 42---Suit for declaration---Oral sale agreement for immoveable property---Proof---Plaintiff-appellant had neither detailed the material contents of the sale agreement in the plaint nor the fact that the said oral agreement was witnessed by any one or that the witnesses of the oral sale had died---Plaint did not even describe the event of jirga (arbitration) which the plaintiff has disclosed in his evidence---Furthermore the evidence adduced on behalf of the plaintiff was against the pleadings as in the plaint the plaintiff in order to justify filing of suit for specific performance after almost 33 years of alleged oral sale agreement had asserted that just a week before filing of suit, the cause of action had accrued whereas one of the alleged witnesses to the arbitration whose evidence was recorded on 19-11-2005, asserted that the arbitration took place in his shop in March, 2004 whereas the suit was filed by the appellant on 19-5-2004 by stating that the cause of action had arisen a week before filing of suit i.e. May 2004---Claim of the plaintiff suffered from major legal flaws.

Other judgments reported in 2021 SCMR

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