Mst. NASREEN FATIMA vs MUHAMMAD ABBAS KHAN Ss — 2026 CLC 972 LAHORE-HIGH-COURT-LAHORE

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Mst. NASREEN FATIMA VS MUHAMMAD ABBAS KHAN Ss.12 & 39---Qanun-e-Shahadat (10 of 1984), Art.129(g)---Civil Procedure Code (V of 1908), S.115---Suit for specific performance of an oral agreement to sell and cancellation of mutation---Vendor transferring portion of a suit land through mutation prior to institution of suit---Effect---Protection of transferee---Scope---Pleading time, day, date, month, year, names of witnesses and place, requirement of---Failure of plaintiff to appear in witness box---Consequences---The petitioner instituted a suit for specific performance of an alleged oral agreement to sell land measuring 12 Kanals 10 Marlas and for cancellation of mutation, asserting that part consideration had been paid and that during the pendency of matter, a portion of the suit land measuring 2 Kanals 2 Marlas was transferred through mutation in favour of respondent No.4---Trial Court, after recording evidence, partly decreed the suit for specific performance to the extent of 10 Kanals 8 Marlas against respondents Nos. 1 to 3 but dismissed the claim for cancellation of mutation in favour of respondent No.4; the Appellate Court upheld this decision and the petitioner thereafter filed the present civil revision---Held: Plaintiff opted not to appear before the Trial Court and to make her statement on oath as required by law for appearance of a witness to take oath before the Court for a correct statement---Plaintiff had not exhibited any medical report / documentary evidence to prove her health conditions, restricting her not to appear in the witness box---Plaintiff did not appear before the Court to depose in person just to avoid the test of cross-examination or with the intention to suppress some material facts from the Court and it could safely be presumed adversely against the plaintiff/petitioner as provided in Art.129(g) of Qanun-e-Shahadat, 1984---The defendant No.4 / respondent No.4 was contesting the claim of plaintiff on the basis of sale of land to him through mutation duly admitted and never denied by rest of defendants including the defendant No. 2 who sold the land to him and was also disputing the facts pleaded by the plaintiff, then the plaintiff/petitioner had to prove her rival claim of oral agreement to sell which was even denied by defendants Nos. 1 to 3/alleged sellers in written statement with its ingredients i.e. time, day, date, month, year, names of witnesses and venue where the terms of agreement were verbally settled by adducing cogent, legal, relevant and unimpeachable evidence---Neither any misreading or non-reading of evidence on record nor any infirmity, legal or factual, had been pointed out in the impugned judgments and decrees passed by the courts below---Civil revision petition was dismissed in limine, in circumstances.

Mst. NASREEN FATIMA vs MUHAMMAD ABBAS KHAN Ss — 2026 CLC 972 LAHORE-HIGH-COURT-LAHORE

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