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BASHIR AHMAD vs KHADIM HUSSAIN S — 2022 CLC 1300 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 CLC 1300 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
CLC
Parties
BASHIR AHMAD vs KHADIM HUSSAIN S
Subject matter
Civil
Provisions referred to
S. 12---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

BASHIR AHMAD VS KHADIM HUSSAIN S.12---Suit for specific performance of agreement to sell---Agreement---Proof---Pre-conditions---Misreading and non-reading of evidence---Respondent/plaintiff sought specific performance of agreement to sell regarding suit property---Trial Court and Lower Appellate Court decreed the suit in favour of respondent/plaintiff---Validity---Mere existence of document did not prove its execution---If contents of document in question were specifically denied, then beneficiary of the document was to prove the same, specially where executant was Parada observing lady or an illiterate person--- Claiming person had to prove that document was executed with free consent and knowledge of executant and consideration amount was also paid---High Court was not satisfied with genuineness of document in question and its execution was not proved as neither consideration amount was proved nor it had been proved that the executant was given understanding about its contents---High Court set aside concurrent judgments and decrees passed by two Courts below as error had been committed while appraising evidence of respondent/plaintiff---Revision was allowed accordingly.

Other judgments reported in 2022 CLC

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