Law: Specific Relief Act, 1877

Section: 12

Law: Qanun-e-Shahadat (10 of 1984)

Section: 17,79

Specific Relief Act (I of 1877)--- ----S. 12---Qanun-e-Shahadat (10 of 1984), Arts.17 & 79---Suit for specific performance of contract---Oral agreement---Plaintiff had not disclosed the name of witnesses in the plaint before whom the alleged oral sale was struck between the parties---Even no period for completion of agreement to sell had been mentioned by the plaintiff in his plaint---Oral agreement to sell was permissible in law but same had to be proved through credible and un-impeachable evidence---Contradiction with regard to alleged witnesses of bargain of sale was on record---Plaintiff had failed to prove that possession of suit property was handed over to him as a result of agreement to sell---No sale consideration was ever paid to the defendant at the time of alleged transaction of sale---Plaintiff had failed to prove his case by pleading relevant details with regard to name of witnesses and period fixed for completion of agreement to sell---Both the courts below had committed material illegality and decreed the suit on the basis of surmises and conjectures---Suit filed by the plaintiff had wrongly been decreed by the courts below---Impugned s and decrees were the result of misreading and non-reading of evidence which could not sustain in the eye of law---Impugned s and decrees passed by the courts below were set aside and suit was dismissed with costs---Revision was accepted in circumstances. 2013 SCMR 1300; 2008 CLC 418; 1987 CLC 2307; 2010 CLC 734 and 2012 YLR 521 rel. ORDER CH. MUHAMMAD MASOOD JAHANGIR, J.--- The facts germane for the disposal of instant civil revision are that Manzoor Ahmad respondent No.1/plaintiff filed a suit for specific performance on the basis of oral agreement dated 2-4-1992 regarding the suit property fully mentioned in the head note of the plaint with the assertion that the said property was sold to the petitioner/defendant by brother of the plaintiff secretly, whereupon, the latter showed his intention to file a suit for pre-emption and with the intervention of the respectables, the defendant/petitioner promised to sell the suit property for a consideration of Rs.60,000 in presence of witnesses; that the…

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