Police officers walk past the Supreme Court of Pakistan building, in Islamabad, Pakistan April 6, 2022. REUTERS
ISLAMABAD:
Pakistan’s Supreme Court has set aside a land transfer order based on an alleged oral agreement dating back to 1992, ruling that mere possession or long-term occupation does not establish ownership. The court allowed the appeal filed by Ghulam Ali.
Justice Shahid Bilal Hassan delivered the written judgment, saying a strict standard of proof applies in cases involving oral agreements. The decision held that the alleged 1992 oral agreement was not proven in accordance with the requirements of the law.
The Supreme Court set aside the judgments of the Lahore High Court, the Additional District Judge and the trial court. The court clarified that to establish an oral agreement, full details of the date, time, place, conditions and witnesses must be provided. It further ruled that evidence deviating from the written submissions could not be considered admissible.
According to the written judgment, the plaintiffs claimed that a settlement was reached in 1992 after the acquittal of a defendant in a murder case involving their father. It was claimed that a jirga had decided that Ghulam Ali would transfer 32 kanals of land to the plaintiffs and possession of the land was handed over to them following the settlement.
The plaintiffs further claimed that in 2016, Ghulam Ali refused to have the transfer officially recorded.
The background of the case reveals that the trial court initially denied the plaintiffs’ request. However, on appeal, the suit for specific performance was granted. The additional district judge and then the Lahore High Court upheld the lower court’s decision.
In its judgment, the Supreme Court emphasized that a claim based on an oral agreement must be established by solid and incontrovertible evidence; otherwise, such claims cannot be sustained in law.
