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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---Plaintiff/ appellant could not establish from record the cash payment of sale consideration---Plaintiff could not prove as to how the cash was managed, from which bank account the cash was withdrawn, the statement of such bank account or the sale of any kind of asset, the proceeds of which were paid to the defendant/owner in cash---Plaintiff/ appellant did not adduce in evidence any title documents in respect of the property that were handed over to her along with possession of the property---Plaintiff/ appellant claimed to have executed agreement to sell dated 24-05-1993 and sale agreement dated 07-09-2009 with the defendant/owner---Reasons for delay in execution of the sale agreement i.e. after 17 years from the date of initial agreement to sell, the pendency of the proceedings before the Supreme Court and the fact that the property was not in possession of the owner in the meantime, had not been mentioned in both the agreements---Plaintiff/appellant did not advance any cogent evidence to show that she insisted for transfer of ownership of the Property---Essential elements of a valid contract i.e. free consent of the defendant/owner for execution of the agreements and payment of "consideration", remained unproved, in circumstances---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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