Case Details

Citation(s)
2025 SLG 4151 2025 SLD 4151 = 2025 CLC 823
Sindh High Court
IInd Appeal No. 99 of 2023, decided on 25th October, 2024.
Before Shamsuddin Abbasi, J
Muhammad Vawda for Appellant. Akhlaque Ahmed for
Respondents Nos. 1 and 2.

MUHAMMAD SALEEM KHAN ---Appellant

VERSUS

Syed ATHAR HUSSAIN and 4 others ---Respondents

Law: Civil Procedure Code (V of 1908)

Section: VII,11(a),(b),100

Law: Specific Relief Act (I of 1877)

Section: 12,28,54

Law: Contract Act (IX of 1872)

Section: 25

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

Section: 78,79,117

(a) Civil Procedure Code (V of 1908)-------O. VII, R.11(a) & (b)---Specific Relief Act (I of 1877), Ss.12, 28 & 54--Contract Act (IX of 1872), S.25---Qanun-e-Shahadat (10 of 1984), Arts.78, 79 & 117---Rejection of plaint---Oral agreement to sell on WhatsApp and email messages with son of the actual owner---Appellant instituting a suit for specific performance of the oral agreement---Non-mentioning of details qua oral agreement in the plaint---Effect---Contention of the respondent/actual owner was that such a suit without an agreement and authority in favour of his son to enter into an oral agreement was barred---Validity-Respondent was the sole and absolute owner of the suit plot and the appellant had failed to place on record any evidence that respondent (actual owner) ever intended or entered into any sale transaction in respect of the suit plot with the appellant either through WhatsApp messages or emails---Entire record of conversation through WhatsApp messages and emails was between appellant and son of actual owner, who was not competent to enter into a sale transaction with the appellant, more particularly when the actual owner in his written statement had specifically stated that he never authorized his son to fetch a buyer or enter into an agreement to sell in respect of the suit plot on his behalf--Appellant had failed to place on record any evidence as to oral transaction between him and the actual owner of the suit plot---Where sale was pleaded through oral agreement then the terms and conditions which were orally agreed were to be stated in detail in the pleadings---In such like cases, a party besides detailing subject matter of the sale and consideration was also required to provide other necessary details such as striking of the bargain, and names of the witnesses in whose presence the said oral transaction for sale was arrived at, which were the essential requirement for proving an oral agreement to sell---Not a single penny had been paid by appellant towards sale consideration and an amount, alleged to have been paid by the appellant, was paid to the Society towards dues and not as part of sale consideration---Appellant failed to…
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