| Citation(s) |
|---|
| 2016 SLG 2439 2016 SLD 2439 2016 SCMR 1925 |
Supreme Court of Pakistan
Civil Petition No. 162-K of 2016, decided on 4th August, 2016. Date of hearing: 4th August, 2016. (On appeal against the order Dated 29.10.2015, passed by the High Court of Sindh at Karachi in High Court Appeal No. 111 of 2005)
GULZAR AHMED, JUSTICE AND KHILJI ARIF HUSSAIN, JUSTICE
Abdul Qadir Khan, Advocate Supreme Court for Petitioners. Nazar Hussain Dhoon, Advocate Supreme Court for
Respondent No. 1. Nemo for
Respondent No. 2. Mushtaq A. Memon, Advocate Supreme Court for
Respondent No. 3 (i - vi).
Civil Petition No. 162-K of 2016, decided on 4th August, 2016. Date of hearing: 4th August, 2016. (On appeal against the order Dated 29.10.2015, passed by the High Court of Sindh at Karachi in High Court Appeal No. 111 of 2005)
GULZAR AHMED, JUSTICE AND KHILJI ARIF HUSSAIN, JUSTICE
Abdul Qadir Khan, Advocate Supreme Court for Petitioners. Nazar Hussain Dhoon, Advocate Supreme Court for
Respondent No. 1. Nemo for
Respondent No. 2. Mushtaq A. Memon, Advocate Supreme Court for
Respondent No. 3 (i - vi).
MUHAMMAD SABIR AWAN THROUGH LRS. AND others
VS
PAKISTAN DEFENCE OFFICERS HOUSING AUTHORITY, KARACHI
Law:
Section:
Agreement to sell--- ----Oral agreement---Proof---Record indicated that agreement to sell was entered into by the purchaser's brother with the seller, with the assistance of a broker---Neither the agreement or its terms had been brought on record nor the purchaser's brother or the broker were produced in evidence---Alleged receipt of payment of consideration amount was not produced in evidence before the Trial Court and did not form part of the record of the original suit---Oral agreement to sell, thus, did not stand proved---Petition for leave to appeal was dismissed accordingly and leave was refused. THIS ORDER PASSED BY: GULZAR AHMED, JUSTICE:----------------- Respondent No. 3 had filed a suit in the High Court of Sindh at Karachi, which was decreed vide judgment and decree respectively dated 19.03.2005 and 12.04.2005. The said judgment and decree was challenged by filing High Court Appeal No. 111/2015, which too was dismissed by the impugned judgment dated 29.10.2015. 2. We have heard the learned counsel for the parties and have also gone through the record. 3. The submission of the learned counsel for the petitioners was that there was an oral agreement for purchasing the suit property between the petitioner and Respondent No.3 and that the petitioner had made payment of the consideration amount and that the petitioner was not allowed to produce additional evidence by the appellate Court. 4. We have noted from the record that…
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