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Hafiz Qari ABDUL FATEH vs Ms — 2024 SCMR 1709 SUPREME-COURT

Case information

Citation
2024 SCMR 1709 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2024
Reporter
SCMR
Parties
Hafiz Qari ABDUL FATEH vs Ms
Subject matter
Civil
Provisions referred to
S. 54---S; S. 12---O

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

Hafiz Qari ABDUL FATEH VS Ms. UROOJ FATIMA S. 54---Specific Relief act (I of 1877), S. 12---Oral agreement to sell---Proof---an oral agreement by which the parties intended to be bound is valid and enforceable; however, it requires to be proved through clearest and most satisfactory evidence---Law relating to oral agreement is quite clear, the terms and conditions which were orally agreed have to be stated in detail in the pleadings and have to be established through independent evidence---When a party seeks a decree of specific performance for the sale of immovable property based solely on an oral agreement, the onus is on that party to demonstrate that there was a mutual agreement and consensus between both parties regarding the terms of the oral contract---Party claiming the existence of an oral agreement must clearly specify the date, time, place, and names of witnesses in their pleadings, such as the plaint or written statement---These requirements are sine qua non to prove an oral agreement to sell---This is because suits involving sales based on oral agreements are more prone to dishonest improvements made by parties in the evidence and pleadings in order to succeed.

Other judgments reported in 2024 SCMR

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