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MUHAMMAD ISLAM vs BAGH ALI arts — 2025 CLC 1291 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2025 CLC 1291 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2025
Reporter
CLC
Parties
MUHAMMAD ISLAM vs BAGH ALI arts
Subject matter
Civil
Provisions referred to
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

MUHAMMAD ISLAM VS BAGH ALI arts. 17, 79, 81 & 91---Specific Relief act (I of 1877), S. 12---Suit for specific performance of agreement---agreement to sell---Proof---admission by the executant in a prior suit, non-challenging of---Effect---Suit of the plaintiff / respondent was concurrently decreed on the basis that agreement-to-sell was admitted by the defendant (appellant / vendor) in a prior suit by recording his statement (statement-in-question)---Validity---appellant never assailed the proceedings and the statement-in-question by initiating appropriate proceedings rather denied the same in an oblique manner while filing written statement in the suit instituted by the respondent from which the present second appeal had emanated, which could not denude the earlier proceedings of its genuineness and/or existence unless the same was held to be fraudulent by the said Court---Proceedings carried out in prior suit particularly statement-in-question still held the field and existed in judicial record---In such situation, it was for the Court to look into peculiar facts and circumstances of each case and also the conduct of the parties and their credibility while appreciating the evidence available on record---Both the Courts below had correctly appreciated the controversy while decreeing the suit of the respondent---Regular second appeal, being merit-less, was dismissed.

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