An Oral Contract is also enforceable but it's terms must be clear


An Oral Contract is also enforceable but it's terms must be clear.

2024 SCMR 1709 SC

Hafiz Qari ABDUL FATEH

Vs

Ms. UROOJ FATIMA


A petition brought by the predecessor in interest of the petitioners was dismissed by the Supreme Court of Pakistan. The petition challenged the judgment of the High Court of Sindh which upheld an appellate court decision overturning a trial court's decree in favor of the petitioner regarding the specific performance of an oral agreement for the sale of disputed agricultural land.


Key Legal Issues:

•Validity and enforceability of an oral agreement to sell immovable property

•Proof requirements for an oral agreement

•Law of specific performance based on oral agreements

•Importance of specific pleadings in lawsuits

•Appellate jurisdiction scope under Article 185(3) of the Constitution


Holding:

The Supreme Court held that the petitioner failed to establish the existence of an oral agreement by clear and satisfactory evidence. The Court emphasized that the specific details of the agreement must be set out in the pleadings and corroborated by independent evidence. The attempts to improve the case through evidence were not permitted, and no material error in the appellate or High Court's judgment was found. Consequently, the petition was dismissed.


Reasoning:

•An oral agreement must be proved by clear and satisfactory evidence to be enforceable.

•The petitioner failed to provide detailed pleadings with necessary specifics such as date, time, place, and names of witnesses.

•No power of attorney or authorization was provided for the father of respondent No.1 to enter into an oral agreement on her behalf.

•The petitioner's evidence and testimonies were inconsistent and insufficient to substantiate the oral agreement.

•The Supreme Court does not typically interfere with High Court findings unless they are against evidence or perverse, which was not the case here.


**Petition dismissed**, Leave Refused


RAJA ZAHOOR LAW CHAMBER

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