-Oral agreement---Burden of proof---Un-natural conduct---Scope---Plaintiff filed suit for specific performance of oral agreement to sell---

 2022 M L D 25
[Lahore]
ANWAR KHAN---Petitioner
Versus
Mst. BHOLI BIBI through L.Rs. and another

(a) Specific Relief Act (I of 1877)---

----S.12---Suit for specific performance---Oral agreement---Burden of proof---Un-natural conduct---Scope---Plaintiff filed suit for specific performance of oral agreement to sell---Validity---Date and time of the agreement were not mentioned in the plaint and same were not stated during the examination as well---Suit land, according to plaint, was purchased by plaintiff and his father but the plaintiff had failed to state in his examination-in-chief that his father was also part of the transaction---Plaintiff's witness could not support his claim in any manner---Plaintiff admitted that he had never seen the defendant---Remaining part of plaintiff's statement was hearsay and he had contradicted the alleged amount of consideration---One of the plaintiff's witnesses had failed to even state about complete particulars of agreement during his examination---Plaintiff had completely failed to produce confidence inspiring evidence which was inevitable to seek the specific performance of oral agreement---Petitioner was obliged, being the beneficiary of the transaction, to prove the same---Plaintiff had filed the suit after half a century of the alleged oral sale---Contents of the plaint and evidence of the plaintiff were highly implausible and against the natural conduct of the parties---No reason existed for not instituting suit for specific performance at relevant point of time---Delay of about five decades could not be attributed to anyone else but the plaintiff---Nothing was brought on record to show that the plaintiff ever made any overt act to keep the alleged oral agreement alive---Revision petition was dismissed.

(b) Contract Act (IX of 1872)---

----S.10---Oral agreement---Scope---Unwritten agreement, though recognized by the law, is required to be proved by unimpeachable and credible evidence.

(c) Contract Act (IX of 1872)---

----S.55---Effect of failure to perform when time is not essential---Scope---Even if time is not the essence of the contract, the claimant has to act reasonably and within reasonable time.