Citation Name: 2023 YLR 176 LAHORE-HIGH-COURT-LAHOREBookmark this Case MAHMOOD KHAN vs BASHIR AHMED art

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Citation Name: 2023 YLR 176 LAHORE-HIGH-COURT-LAHOREBookmark this Case MAHMOOD KHAN VS BASHIR AHMED art. 79---Executory agreement---Value of---Ownership could not be claimed on the basis of executory agreement enforcement whereof was sought and had to be proved before claiming rights therein. Citation Name: 2023 YLR 176 LAHORE-HIGH-COURT-LAHOREBookmark this Case MAHMOOD KHAN VS BASHIR AHMED S. 12---Qanun-e-Shahadat (10 of 1984), Art.129(g)---Limitation Act (IX of 1908), Art. 113---Specific performance of agreement to sell claiming that suit property was mortgaged with the Bank at the time of agreement; that conveyance would be executed upon redemption; that petitioners redeemed the property and attempted to alienate the property which fact came to the knowledge of respondent 3 days ago and respondents were constrained to file suit after 18 years of alleged agreement---Suit was decreed by appellate Court below---Petitioners contended that execution of alleged agreement was not proved; that evidence led was deficient/unconvincing; that material details qua alleged agreement i.e. date, time, and place of execution were conspicuously missing; that subsequent improvement by referring to evidence outside scope of pleadings would extend no assistance; that no evidence was led to show that property was redeemed as to attempt to justify filing of the suit after long-time---Validity---Respondent's plaint was silent as to date of the agreement and persons allegedly present at the time of negotiations---Agreement was allegedly executed in the year 1983, however suit was filed in September 2001---Respondent appearing as witness deposed that negotiations of sale were conducted 8 to 10 days before agreement before two witnesses which detail was missing in the plaint---One of the alleged witnesses of the negotiation was not produced which lead to adverse presumption---Respondent failed to produce any evidence to substantiate allegation of surreptitious redemption, which was cause of action and the sole ground for filling suit after 18 years---Suit was beyond the period of limitation---Delay of 18 years could not be condoned on the ground that property was mortgaged and right to seek enforcement was allegedly eclipsed/unavailable---No evidence was produced to prove the knowledge of redemption before 3 days of the filing of suit---No evidence was available as to prove the refusal of petitioner from performance of alleged agreement---Factum of possession was disputed by the petitioners which had obligated the respondent to prove their possession pursuant to alleged agreement---Co-purchaser did not appear and no plausible explanation was provided which amounted to withholding of best evidence---Revision petition was allowed accordingly. Citation Name: 2023 YLR 176 LAHORE-HIGH-COURT-LAHOREBookmark this Case MAHMOOD KHAN VS BASHIR AHMED S. 52---Mere placement of copies of Girdawari and shielding behind presumption of correctness, in respect thereof, was not enough when factum of possession was denied specifically.

Citation Name: 2023 YLR 176 LAHORE-HIGH-COURT-LAHOREBookmark this Case MAHMOOD KHAN vs BASHIR AHMED art — 2023 YLR 176 LAHORE-HIGH-COURT-LAHORE

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