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); Contract 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

GHULAM ALI VS ALI SHER. S.12---Contract Act (IX of 1872), S.2(h)---Specific performance of agreement to sell. Burden of proof---Essential ingredients. A party claiming specific performance of an oral agreement regarding immovable property has the burden to prove existence of mutual agreement and consensus between parties. Oral agreement must be proved according to definition of agreement contained in Section 2(h) of Contract Act, 1872. Claimant must specifically plead date, time, place and names of witnesses of oral agreement. These requirements are sine qua non for proving oral agreement to sell.

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