Zahid Mahmood vs Sabir Hussain art — 2025 MLD 271 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 MLD 271 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: MLD
Parties: Zahid Mahmood vs Sabir Hussain art
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

Zahid Mahmood VS Sabir Hussain art. 129 (g)---Specific Relief act (I of 1877), S. 12---Suit for specific performance --- agreement-to-sell ,execution of---Proof---Stamp-vendor, non-producing of---Effect---assertion of the plaintiffs/petitioners was that transaction of sale was settled with the defendant / respondent and agreement and receipt were scribed, yet said stance was strongly controverted by the latter while raising serious allegations with regard to its genuineness as well as transaction detailed therein--- Plaintiffs were concurrently non-suited --- Validity --- Defendant(respondent/ vendor) was resident of Tehsil "J"(Jaranwala) and suit property was also situated in the said territory, where the Deed Writer and Stamp Vendor were available, but surprisingly the stamp paper was purchased/scribed at "F"(Faisalabad) ---Record divulged that Stamp Vendor was not summoned by the petitioners/plaintiffs , who could be the best person to belie the allegation of the respondent/defendant that the stamp paper was never purchased by him---Withholding of said independent witness was enough to draw hostile inference against the petitioners under article 129 illustration (g) of Qanun-e-Shahadat, 1984 ('the Order, 1984')--- When the due construction of alleged agreement and receipt could not be proved per mandate of art. 79 of the Order, 1984, then there was no scope for the success of the petitioners --- No material irregularity/illegality as well as jurisdictional defect or mis-reading of evidence was found in the impugned judgments of two Courts below; thus , no case of interference was made out --- Revision filed by plaintiffs , being merit-less, was dismissed in limine.

Other judgments reported in 2025 MLD

2025 MLD 1208 KARACHI-HIGH-COURT-SINDHCitation Name: 2025 MLD 1208 KARACHI-HIGH-COURT-SINDHBookmark this Case Anwer Majid VS Emirates Bank International PJSC (formerly Union Bank…
2025 MLD 1426 KARACHI-HIGH-COURT-SINDHCitation Name: 2025 MLD 1426 KARACHI-HIGH-COURT-SINDHBookmark this Case Muhammad Sharif VS State Ss. 504, 506-B, 148, 149, 337-a(i) & 337-F(…
2025 MLD 1973 LAHORE-HIGH-COURT-LAHOREFahim Ahmed Saeed VS Mian Humayun Mahmud O.XXXIX, Rr.1, 2, O.XLIII, R.1(r) --- appeal against order of Trial Court refusing to grant ad-inte…
2025 MLD 1879 LAHORE-HIGH-COURT-LAHORESumera Rasheed VS State S. 191---Perjury (false evidence)---Administration of justice---Duty of Courts---Perjury is a vice which stigmatizes…
2025 MLD 1879 LAHORE-HIGH-COURT-LAHORESumera Rasheed VS State S. 191---False evidence---Necessary ingredients---Section 191, P.P.C talks about making of false statement in follow…
2025 MLD 1879 LAHORE-HIGH-COURT-LAHORESumera Rasheed VS State S. 192---Fabricating false evidence---Necessary ingredients---Requirement of S.192 P.P.C. is met only if there is an…

Back to the case-law library · Search Pakistani case law in Urdu or English