Citation Name: 2024 YLR 2597 PESHAWAR-HIGH-COURTBookmark this Case Ubaid Ullah vs Sarfaraz Khan Ss — 2024 YLR 2597 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 YLR 2597 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: YLR
Parties: Citation Name: 2024 YLR 2597 PESHAWAR-HIGH-COURTBookmark this Case Ubaid Ullah vs Sarfaraz Khan 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

Citation Name: 2024 YLR 2597 PESHAWAR-HIGH-COURTBookmark this Case Ubaid Ullah VS Sarfaraz Khan Ss. 42 & 12---Suit for declaration and possession through specific performance of agreement---Consenting written-statement, submitting of---Scope and effect---Claim of the plaintiff , relying on sale-deeds, was that he purchased suit-house from defendant /lady as she was its owner on the basis of a family partition and that the remaining defendants were bound to attest the sale documents---Suit was decreed in favour of the plaintiff as lady /defendant filed cognovit (consenting written-statement); other /contesting defendants filed revision as the District Court dismissed their appeal and maintained the judgment and decree passed by the Civil Court---Validity---Lady (defendant / respondent) submitted her cognovit, however, she had not opted to appear as a witness to support the case of plaintiff / respondent---Lady / Respondent had merely admitted the receipt of the earnest money, however, she and plaintiff /respondent had conceded that the petitioners / defendants were not agreeing to sell the suit- house---All the witnesses of the sale- deeds were produced but they never uttered about payment of the earnest money to the petitioners / defendants---Suit-in-hand was not simply a suit for specific performance rather a declaration was also sought by plaintiff / respondent to prove the family partition deed (of the year 2014)---Plaintiff/respondent must fail on such score alone---High Court set-aside the impugned judgments and decrees of the Courts below, consequently the suit filed by the plaintiff stood dismissed---Revision, filed by contesting defendants, was allowed accordingly.

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