MUHAMMAD MUNIR vs MUHAMMAD YOUNIS S — 2026 YLR 942 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2026 YLR 942 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2026
Reporter: YLR
Parties: MUHAMMAD MUNIR vs MUHAMMAD YOUNIS S
Subject matter: Civil
Provisions referred to: S. 43---S; S. 43

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

MUHAMMAD MUNIR VS MUHAMMAD YOUNIS S. 43---Specific Relief act (I of 1877), Ss. 42 & 54---Suit for declaration and permanent injunction---agreement to sell---Proof of payment of consideration, absence of---Provision under S.43 of the Transfer of Property act, 1882, invoking of---Scope and effect---The claim on the basis of S.43 of the Transfer of Property act 1882 ('the act 1882') can only be justified on proof of payment of consideration; which important element of consideration was not proved with the required degree in the present case---Equity favours the claimant who has paid the price whereas, in the present case, the bargain, genuineness of revenue record and consideration remained disputed---Section 43 of the act 1882 incorporates the doctrine known as feeding of estoppel---Petitioners/ plaintiffs failed to establish from the record that any payment was made by them---Thus, in the absence of proof of excess payment, it would be inequitable, unfair and unjust that the relief sought by the petitioners/ plaintiffs be granted---Revision, filed by plaintiffs, was dismissed.

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