GHULAM ALI vs ALI SHER — 2026 SCMR 966 SUPREME-COURT

Case information

Citation: 2026 SCMR 966 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: SCMR
Parties: GHULAM ALI vs ALI SHER
Subject matter: Civil
Provisions referred to: S. 12---C; S. 2; Contract Act (IX of 1872)

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

GHULAM ALI VS ALI SHER. S.12---Contract Act (IX of 1872), S.2(h)---Suit for specific performance of oral agreement to sell. Proof of execution of agreement---Accurate details and material particulars must be pleaded in plaint. The respondents filed suit for specific performance on basis of alleged oral agreement. The suit was initially dismissed but later decreed after remand. Held: Plaint did not disclose with precision the date, time and place of alleged oral agreement. Exact terms, consideration and names of witnesses were also not mentioned. A person seeking specific performance on basis of oral agreement must prove offer, acceptance, consensus ad idem, lawful consideration, competency of parties and settled terms through reliable evidence. Suit was dismissed and judgments of Courts below were set aside. Appeal was allowed.

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2026 SCMR 1045 SUPREME-COURTPROVINCE OF PUNJAB through Secretary Punjab Emergency Service Department, Lahore VS MUHAMMAD KHALIL. S.4(2) [as amended by Punjab Emergency…
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