Law: Transfer of Property Act, 1882

Section: 54

(a)    Transfer of Property Act (IV of 1882)-------S. 54---Specific Relief Act (I of 1877), S. 12---Oral agreement to sell---Proof--An oral agreement by which the parties intended to be bound is valid and enforceable; however, it requires to be proved through clearest and most satisfactory evidence---Law relating to oral agreement is quite clear, the terms and conditions which were orally agreed have to be stated in detail in the pleadings and have to be established through independent evidence---When a party seeks a decree of specific performance for the sale of immovable property based solely on an oral agreement, the onus is on that party to demonstrate that there was a mutual agreement and consensus between both parties regarding the terms of the oral contract---Party claiming the existence of an oral agreement must clearly specify the date, time, place, and names of witnesses in their pleadings, such as the plaint or written statement---These requirements are sine qua non to prove an oral agreement to sell---This is because suits involving sales based on oral agreements are more prone to dishonest improvements made by parties in the evidence and pleadings in order to succeed.Maqbool Ahmad v. Suleman Ali PLD 2003 SC 31; Muhammad Riaz and others v. Mst. Badshah Begum and others 2021 SCMR 605 and Moiz Abbas v. Mrs. Latifa and others 2019 SCMR 74 ref.(b)    Civil Procedure Code (V of 1908)-------O.VI, Rr. 1 & 7---No amount of evidence can be considered on a plea of fact which was not raised in the pleadings i.e. plaint or written statement by the parties.Government of West Pakistan v. Haji Muhammad PLD 1976 SC 469 and Abrar Ahmad v. Irshad Ahmed PLD 2014 SC 331 ref.(c)    Constitution of Pakistan-------Art. 185(3)---Appellate jurisdiction of the Supreme Court---Scope---While exercising jurisdiction under Article 185(3) of the Constitution, the Supreme Court does not normally go beyond the findings of the High Court unless it can be shown that such findings are on the face of it against the evidence or are perverse.Sadaruddin Burriro, Advocate Supreme Court for Petitioner.Nemo for Respondents.Date…

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