Law: Specific Relief Act, 1877

Section: 12,42,54

Specific Relief Act (I of 1877)--- ----Ss.12, 42 & 54---Oral agreement to sell---Proof---Evidence beyond pleadings---Effect---Predecessor-in-interest of respondents filed suit seeking declaration and possession of suit property through specific performance of agreement to sell---Trial Court partially decreed the suit in favour of predecessor-in-interest of respondents but Lower Appellate Court decreed the suit as prayed for in the plaint---Validity---Oral agreement to sell is permissible in law, but it has to be proved through credible and un-impeachable evidence---No date, time, place and mode of payment or names of witnesses of alleged oral agreement to sell were mentioned---Such ingredients were sine qua non to prove oral sale without which decree of specific performance could not be passed---No party could lead evidence beyond pleadings---Parties were required to lead evidence in consonance with their pleadings and no evidence could be produced or looked into in support of a plea which had not been taken in the pleadings---Court was to exclude and ignore such evidence led beyond pleadings from consideration---If a party intended to prove or disprove a case and some material was to be brought on record as part of evidence, which was not covered by the pleadings, it was to first seek amendment of pleadings---High Court in exercise of appellate jurisdiction set aside judgment and decree passed by Lower Appellate Court and restored that of Trial Court---Second appeal was allowed accordingly. Muhammad Nawaz through L.Rs. v. Haji Muhammad Baran Khan through L.Rs. and others 2013 SCMR 1300; Moiz Abbas v. Mrs. Latifa and others 2019 SCMR 74; Kamal Din v. Muhammad Sharif 2006 YLR 1200; Karamdad v. Manzoor Ahmad and 2 others 2015 CLC 157; Mst. Bushra Bibi and others v. Mst. Nasim Bibi and others 2015 MLD 335; Ch. Tariq Mehmood v. Khadim Hussain (Deceased) through L.Rs. and others 2019 CLC Note 46; Binyameen and 3 others v. Chaudhry Hakim and another 1996 SCMR 336; Sardar Muhammad Naseem Khan v. Returning Officer, PP-12 and others 2015 SCMR 1698; Saddaruddin (since deceased) through LRs. v. Sultan Khan (since deceased) through LRs and others 2021 SCMR 642 and…

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