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KANIZ FATIMA through Muhammad Imran Irshad vs TAMIZUL HAQUE S — 2024 YLR 890 ISLAMABAD

Case information

Citation
2024 YLR 890 ISLAMABAD
Court
Islamabad High Court
Year
2024
Reporter
YLR
Parties
KANIZ FATIMA through Muhammad Imran Irshad vs TAMIZUL HAQUE S
Subject matter
Civil
Provisions referred to
S. 54---S; S. 12---S

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

KANIZ FATIMA through Muhammad Imran Irshad VS TAMIZUL HAQUE S. 54---Specific Relief act (I of 1877), S. 12---Suit for specific performance of agreement to sell immoveable property---Suit seeking specific performance instituted by the appellant had been dismissed---Statement of plaintiff recorded through her attorney---attorney an alien to the transaction---Effect---Plaintiff/appellant herself filed the suit, however, she did not enter the witness box---Instead, one Mr. "M" entered the witness box on the strength of a power of attorney and recorded his statement on behalf of the appellant---Said Mr. "M" never remained associated with the transaction in dispute in relation to the property---Said witness was not a marginal witness to the agreements or the receipts---Said witness was never personally present when the deal was struck between the parties---In short, nothing deposed by him as witness was within his personal knowledge nor such acts were done by him either independently or pursuant to a power of attorney---Said witness testified the facts which were exclusively in the personal knowledge of the appellant/ plaintiff---Witness admittedly did nothing as attorney of the appellant in relation to the Property and he himself never witnessed anything during the long episode as asserted by the appellant/ plaintiff which commenced from 1993 and concluded in 2009---Said witness was an alien and stranger to the transaction, therefore, his statement was neither admissible nor could be relied upon---Plaintiff/appellant failed to make out a case for grant of the discretionary equitable relief of specific performance---appeal was accordingly dismissed.

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