MUHAMMAD RAMZAN (deceased) vs MUHAMMAD SHARIF (deceased) S — 2025 CLC 1497 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 CLC 1497 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: CLC
Parties: MUHAMMAD RAMZAN (deceased) vs MUHAMMAD SHARIF (deceased) S
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 RAMZAN (deceased) VS MUHAMMAD SHARIF (deceased) S. 12---Suit for specific performance of agreement---Limitation---Claim of the plaintiff, that the sellers / vendors (two in number) sold the suit property to him vide the agreement and promised to transfer the suit-property after redemption of mortgage charge from the Bank, was concurrently rejected---Validity---Suit for specific performance was instituted after twenty-five (25) years of the agreement---Admittedly, alleged seller (two in number) have passed away but somehow in the suit or examination-in-chief of petitioner's witnesses even the date of death of alleged sellers is not specified---It came to the surface during cross-examination of one of the plaintiff witnesses that alleged seller died about thirty (30) years prior to recording of the evidence---There is hardly any justification available for instituting the suit after such a long delay from the agreement and decades after the death of the alleged seller---The names of the marginal witnesses are given in the agreement but even those alleged witnesses have passed away---The two Courts below have disbelieved the evidence of the petitioner and the High Court also found that the evidence of the petitioner was not credible---Revision, filed by the plaintiff, was dismissed in limine, in circumstances.

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