Syed ZAHEER HUSSAIN NAQVI vs ASIF RAZA MIR Ss — 2023 MLD 242 ISLAMABAD

Case information

Citation: 2023 MLD 242 ISLAMABAD
Court: Islamabad High Court
Year: 2023
Reporter: MLD
Parties: Syed ZAHEER HUSSAIN NAQVI vs ASIF RAZA MIR Ss
Subject matter: Criminal

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

Syed ZAHEER HUSSAIN NAQVI VS ASIF RAZA MIR Ss. 12 & 29---Qanun-e-Shahadat (10 of 1984), Arts. 17 & 79---Suit for specific performance of oral agreement to sell---Proof---Failure to produce witnesses---Appellant/plaintiff claimed to have entered into oral agreement for purchase of plot with respondent/defendant and stated to have paid earnest money through banking channels---Trial Court declined to decree specific performance of oral agreement and instead passed decree for return of money received by respondent/defendant---Validity---Defendant in his cross-examination flatly denied his signatures on receipt in confirmation of sale agreement and also denied his signatures on terms of agreement---Such receipts did not fall within the description of a writing recording financial or future obligations per Art. 17 of Qanun-e-Shahadat, 1984---Execution of such receipts after denial by defendant had to be proved but none of the witnesses to those receipts were produced nor any reason given as to why they were not---Discounting the receipts from consideration, appellant/plaintiff's stance carried no more weight than the defendant's that payments made were towards pre-advance---Oral agreement had to be proved with sufficient certainty and plaint must specify witnesses and circumstances under which oral agreement was made---As such it was not only for existence of the agreement but also for its terms and conditions---High Court maintained findings of Trial Court but amended quantum of damages and decree was accordingly modified---Appeal was dismissed, in circumstances.

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