Specific Performance of Oral Agreement

Specific Performance of Oral Agreement Case Laws Civil Law Documentary Evidence Evidence Evidence out of Pleadings Knowledge - Civil Law Lahore High Court Limitation Litigation & Arbitration Regular First Appeal Solutions - Civil Law Mr. Justice Ch. Muhammad Iqbal in his judgment has decided the issue regarding specific performance of oral agreement in Regular First Appeal No. 103 of 2014.

1. Through this R.F.A, the appellants have challenged the validity of judgment & decree dated 23.12.2014 whereby the learned Civil Judge 1st Class, Bahawalpur dismissed the appellants’ suit for specific performance of oral agreement to sell dated 22.11.1984 and decreed the respondent’s suit for declaration and possession.

2. Brief facts of the case are that the appellants filed a suit for specific performance of oral agreement to sell dated 22.11.1984 against the respondent in respect of land measuring 22-Acre bearing Khata No.344/312 situated at Mauza Baqirpur, Tehsil & District Bahawalpur alleging therein that the bargain for the purchase of the said land was struck between Faiz Bakhsh, predecessor-in-interest of the appellants, and the respondent against a consideration of Rs.44,00,000/- which was paid whereupon the respondent handed over the possession of the suit land to Faiz Bakhsh; that at the time of agreement to sell, respondent asked the appellants’ father that if whole of the suit land is transferred in his name then there is every likelihood that the said sale transaction might be pre-empted, therefore, she got transferred 4-Kanals of land bearing Khata No.152 Square No.161/8, Qilla No.16/4-0 through registered sale deed and in this respect mutation No.1490 dated 22.11.1984 was also sanctioned; that thereafter suits for pre-emption were filed against the sale of land measuring 4-Kanals, however, the same were dismissed as withdrawn whereafter the father of the appellants transferred the said land to them; that the father of the appellants requested the respondent to transfer the remaining land in his favour but she stated that a case regarding the suit land is pending adjudication before the High Court and on its decision, she would get transferred the land in his name; that in the year 2003, the father of the appellants died; that later on, the respondent agreed to transfer the remaining land measuring 21½-Acres subject to payment of Rs.4,00,000/- whereupon the appellants paid the said amount to her but subsequently it came to their knowledge that the respondent has only transferred land measuring 53-Kanals and 18-Marlas.

The respondent / defendant contested the suit by filing written statement contending that the defendant is owner of land measuring 243-Kanals 06-Marlas in Khata No.479/473 in Mauza Baqirpur which was obtained by the plaintiffs from her for cultivation (Kharif 2013) on the basis of share in the produce; that the defendant neither executed any oral agreement to sell dated 22.11.1984 regarding land measuring 22-Acres nor received any consideration amount of Rs.44,00,000/-; that to avoid filing of suit for pre-emption the respondent ought to have transferred land measuring 4-Kanals from Khata No.344/312 and not from Khata No.152; that the husband of the respondent transferred 04-Kanals land in favour of the father of the plaintiffs on 12.03.1983 with bonafide intention; that alleged sale deed dated 22.04.2013 in respect of land measuring 53-Kanals 18-Marlas is a forged and fictitious document; that the defendant filed a suit for cancellation of the said sale deed. During the pendency of the said suit, Mst. Sajida Khatoon died whereupon her legal heirs were made party in the said suit. The legal heirs of the defendant filed another suit for declaration, possession and mesne profits. The appellants / plaintiffs filed written statement to the suit, filed by the defendants. From the divergent pleadings of the parties, learned trial Court framed the following consolidated issues:

“1- Whether the defendant agreed to sell her landed property measuring 22-acres to Faiz Muhammad deceased father of plaintiffs through oral agreement to sell dated 22-11-1984? OPP.

2- Whether the defendant has received Rs.44,00,000/- out of the total consideration amount through receipt dated 22-11-1984? OPP.

3- Whether the suit is within time? OPP.

4- If above issues are proved whether the plaintiffs are entitled to the decree as prayed for? OPP.

5- Whether suit is not maintainable and liable to be dismissed in view of preliminary objections No.1 to 8 of the written statement? OPD.

6- Whether the defendants of this suit titled Ahmed Bukhsh, etc Vs. Sajida Khatoon, etc are entitled to possession of the disputed property as mentioned in their civil suit for declaration and possession titled Sajida Khatoon Vs. Ahmed Bukhsh? OPD

7- Whether the defendants are entitled to mesne profit at the rate of Rs.60,000/- per acre since Kharif Crop, 2013 till they get the possession of the disputed property? OPD.

8- Whether the plaintiffs of suit titled Sajida Khatoon Vs. Allah Bukhsh, etc are not owner of 22-acres land? OPP.

9- Whether the suit of the defendants of this suit is liable to be dismissed and the plaintiffs of this suit are entitled to special costs? OPD.

10- Relief.”

Learned trial Court after recording the evidence of both the parties and hearing them dismissed the suit for specific performance titled “Ahmed Bakhsh etc. Vs. Mst. Sajida Khatoon etc.” filed by the appellants while the suit for declaration and possession titled “Mst. Sajida Khatoon Vs. Ahmed Bakhsh etc.” was decreed regarding the land measuring 57-Kanals 18-Marlas as mentioned in mutation No.1490 and registered deed dated 22.04.2013 with mesne profit at the rate of Rs.30,000/- per acre annually regarding the remaining land (except land measuring 57-Kanals 18-Marlas) from Kharif 2013 till the delivery of possession. Hence, this R.F.A.

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