SAJJAD ALI vs ABDUL HAMEED S — 2023 CLC 812 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 CLC 812 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: CLC
Parties: SAJJAD ALI vs ABDUL HAMEED S
Subject matter: Civil
Provisions referred to: S. 12---Q

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

SAJJAD ALI VS ABDUL HAMEED S.12---Qanun-e-Shahadat (10 of 1984), Arts. 17 & 79---Suit for specific performance of agreement to sell---Sale consideration---Proof---Scribe of document---Status---Applicants/plaintiffs sought specific performance of agreement to sell regarding suit property in their favour---Suit and appeal were concurrently dismissed by two Courts below---Validity---Onus was on applicants/plaintiffs to prove sale transaction in respect of suit property, which they had failed to prove---Plea of applicants/plaintiffs that scribe of document was also witness to entire proceedings had no force---Mandatory requirement as envisaged in Arts.17 & 79 of Qanun-e-Shahadat, 1984, were not complied with--- No sale consideration was given as claimed by respondents/defendants, disproving claim of applicants/plaintiffs---Suit filed by applicants/plaintiffs for specific performance was a frivolous litigation and was also barred by limitation---High Court in exercise of revision jurisdiction declined to interfere in judgments and decrees passed by two Courts below as there was no material irregularity and illegality existed in judgment of Lower Appellate Court---Revision was dismissed in circumstances.

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