ABDUL HAMEED vs MUHAMMAD SHAKEEL SHAHID Ss — 2023 MLD 145 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 MLD 145 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: MLD
Parties: ABDUL HAMEED vs MUHAMMAD SHAKEEL SHAHID Ss
Subject matter: Civil

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

ABDUL HAMEED VS MUHAMMAD SHAKEEL SHAHID Ss. 22 & 42---Oral agreement to sell---Specific performance---Petitioner claimed in plaint that he purchased the suit land and in total consideration of Rs. 12,00,000/- paid Rs.600,000/- through cheque whereas it was decided that the respondent would execute the sale deed after incorporation of inheritance mutation and would receive the remaining amount---Respondent denied execution and stated in his written statement that he received the amount of Rs.600,000/- from the petitioner on account of lease payment as the petitioners were in possession of the suit land since long and were not paying any amount thereagainst---Petitioners' suit was concurrently dismissed---Validity---Petitioners and respondents were admittedly cousins---Petitioners did not produce the cheque and Bank statement in the Court---Documents produced by petitioners could not be relied upon as valid evidence and such documents could not be taken into consideration---Admittedly, petitioners as lessees were cultivating the land owned by the respondents---Petitioner contradicted his own statement in examination-in-chief regarding the convening of Punchayat for resolving the controversy between the parties and regarding the consideration amount in alleged bargain---Petitioner did not prove any offer nor acceptance through any solid/concrete evidence---Petitioners failed to prove the execution of oral agreement to sell and did not mention time/place in the plaint which was deposed by him as witness---Concurrent findings were against the petitioner---Revision petition was dismissed accordingly.

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