ISLAMABAD: The Supreme Court of Pakistan has ruled that ownership of property cannot be established solely on the basis of an agreement.
According to a detailed judgment approved for reporting on Friday, the court decided a 26-year-old dispute over a plot located in Islamabad’s Sector E-12, dismissing the plaintiff’s claim.
A bench comprising Chief Justice Yahya Afridi and Justice Shahid Bilal Hassan set aside the earlier judgment of the Islamabad High Court.
Justice Shahid Bilal Hassan authored the written verdict.
In its ruling, the court held that under the law of evidence, it is mandatory to produce witnesses to an agreement before the court. Failure to do so may lead to an adverse inference against the claimant.
The judgment observed that non-production of witnesses could be construed to mean that they do not support the plaintiff’s stance.
The court further noted that it is not bound to grant relief merely because a claim appears legally valid on the surface, emphasizing that all facts and circumstances of a case must be taken into consideration.
It also ruled that third-party rights recorded by the Capital Development Authority cannot be ignored.
With this decision, the decades-old dispute over the Sector E-12 plot has finally been settled.