Islamabad (Pakistan News): The Supreme Court of Pakistan has invalidated an order transferring land based on an alleged 1992 oral agreement, emphasizing that mere possession or long-term occupancy of land does not establish ownership.
In a judgment issued by Justice Shahid Bilal Hasan, the Court clarified that strict standards of evidence apply in cases involving oral agreements. The petition filed by Ghulam Ali was accepted, nullifying prior decisions of the Lahore High Court, Additional District Judge, and Trial Court.
The Court noted that the alleged 1992 oral agreement could not be legally proven. To establish an oral contract, details such as date, time, location, terms, and witnesses must be documented. Testimony deviating from the written judicial record is inadmissible.
According to the petitioners, following the acquittal of the accused in their father’s murder case in 1992, a reconciliation was reached through a jirga, under which Ghulam Ali was to transfer 32 kanals of land to them. They claimed that possession was also handed over after the settlement. However, in 2016, Ghulam Ali refused to register the transfer.
The Trial Court initially dismissed the claim, while an appeal for specific performance was partially granted. Subsequent decisions by the Additional District Judge and Lahore High Court upheld the lower court’s judgment.
