TUFAIL MUHAMMAD vs NAZAR HUSSAIN S — 2022 MLD 1745 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 MLD 1745 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: MLD
Parties: TUFAIL MUHAMMAD vs NAZAR HUSSAIN S
Subject matter: Civil
Provisions referred to: S. 12---L; Limitation Act (IX of 1908); 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

TUFAIL MUHAMMAD VS NAZAR HUSSAIN S.12---Limitation Act (IX of 1908), Art.113---Civil Procedure Code (V of 1908), O.VI, R.2 & O.VII, R. 2---Suit for specific performance---Oral agreement---Pleadings---Subject-matter of the suit is immovable property---Limitation---Scope---Plaintiff filed suit for specific performance on the basis of an oral agreement to sell and sought cancellation of mutation against the defendants---One of the defendants (to whom the suit property was sold by other defendants) filed a suit for possession of the suit property on the basis of mutation---Suit filed by plaintiff was concurrently decreed---Validity---Plaintiff had failed to plead and prove the time, date and place of alleged transaction of oral agreement---Plaintiff had not even pleaded the names of witnesses in whose presence bargain of oral agreement was stuck---No receipts with regard to payment of the sale consideration had been brought on record---Description of the suit property had not been given in the plaint---Oral agreement was arrived at between the parties as back as in the year 1975 and the suit was instituted in the year 2002---Suit was barred by limitation---Defendant had a mutation in his favour which had been entered, sanctioned and incorporated in the revenue record after due process, thus, he was entitled to the decree for possession because he was lawful owner of the disputed property---Civil revision was allowed, judgments and decrees passed by courts below were set aside and the suit filed by defendant was decreed.

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