Shabbir Hussain vs Muhammad Shabbir naveed (deceased) Ss — 2026 MLD 142 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2026 MLD 142 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2026
Reporter: MLD
Parties: Shabbir Hussain vs Muhammad Shabbir naveed (deceased) Ss
Subject matter: Civil
Provisions referred to: S. 115---S; S. 21; S. 115; Civil Procedure Code (V of 1908); Specific Relief Act

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

Shabbir Hussain VS Muhammad Shabbir naveed (deceased) Ss. 12 & 21(b)----Civil Procedure Code (V of 1908), S. 115---Suit for specific performance of agreement to sell---Contracts not specifically enforceable---Joint khata---Pendency of a suit for partition qua property---Failure to prove identification of the property in dispute with reasonable certainty---Effect---Trial Court refused to grant decree of specific performance, however, decreed the suit with regard to return of the earnest money, which decision was upheld by the appellate Court---Validity---Suit property was unidentifiable from the contents of the agreement to sell and entitlement of specific portion was yet to be decided after partition---Particulars with regard to identity of the suit property in the agreement lacked certainty and it could not be identified with reasonable certainty, thus, said agreement was not enforceable in view of the principle enshrined under S. 21 (c) of the Specific Relief Act, 1877 and a decree for specific performance could not be issued----Findings of the courts below on the question of facts and law being based upon proper appreciation of oral as well as documentary evidence produced in the suit, were not liable to be reviewed or substituted by High Court while exercising jurisdiction under S. 115 C.P.C---Revision petition was dismissed, in circumstances.

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