Supreme Court rejects land claim based on 1992 oral agreement

ISLAMABAD: The Supreme Court of Pakistan has set aside a land transfer order that was based on an alleged oral agreement made in 1992.

Justice Shahid Bilal Hassan issued a detailed written judgment, ruling that the alleged oral agreement was not proven in accordance with the law.

The court observed that mere possession or long-term possession of land does not establish ownership. It further ruled that a strict standard of proof would be applied in cases involving oral agreements.

The apex court accepted the petition filed by Ghulam Ali and nullified the judgments of the Lahore High Court, the Additional District Judge, and the trial court.

The Supreme Court held that to prove an oral agreement, details such as the date, time, place, terms and conditions, and witnesses are mandatory. Testimony contrary to the written record, the court added, is not admissible as evidence.

According to the plaintiffs, a settlement was reached after the acquittal of the accused in their father’s murder case in 1992. They claimed that a jirga had decided that Ghulam Ali would transfer 32 kanals of land to them and that possession of the land was handed over following the reconciliation.

The plaintiffs further stated that in 2016, Ghulam Ali refused to register the land in their name.

Initially, the trial court had dismissed the plaintiffs’ claim. However, in appeal, the claim for specific performance was accepted, and the Additional District Judge as well as the Lahore High Court upheld the lower court’s decision.

The Supreme Court has now overturned those rulings, declaring that the alleged 1992 oral agreement was not legally proven.