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Written Agreements are Conclusive and cannot be contradicted by Oral Evidence --- Lahore High Court, Lahore

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Written Agreements are Conclusive and cannot be contradicted by Oral Evidence --- Lahore High Court, Lahore

Islamabad 13-01-2025: The Lahore High Court dismissed a revision petition in [Civil Revision No. 45106 of 2023], upholding concurrent judgments of the trial Court and appellate Court that decreed specific performance of a sale agreement in favor of the Plaintiff.

The dispute arose from an agreement to sell a shop located in Ichhra, Lahore, for a total consideration of Rs. 90,00,000. The agreement, dated 06.08.2010, included the payment of Rs. 20,00,000 as earnest money, followed by an additional Rs. 10,00,000. The Plaintiff alleged that the defendants failed to execute the sale deed despite multiple extensions and readiness on their part to fulfill the contractual terms.

The Plaintiff sought enforcement of the agreement through a civil suit, which was decreed by the trial Court on 14.03.2023. This decision was upheld by the Appellate Court on 26.06.2023. The defendants challenged these findings in the Lahore High Court.

The Petitioners contended that the agreement was not intended for the sale of the property but was instead executed to secure an investment made by the plaintiff in their business. They claimed fraud and argued that the agreement was fabricated. However, they admitted to signing the agreement and receiving the payments during cross-examination.

The Lahore High Court, presided over by Mr. Justice Rasaal Hasan Syed, reviewed the evidence and affirmed the following legal principles:

The Court reiterated that written agreements are conclusive and cannot be contradicted or varied by oral evidence under Articles 102, 103, and 104 of the Qanun-e-Shahadat Order, 1984.
The defendants failed to substantiate their claims of fraud and misrepresentation with evidence, rendering their defense untenable.
The Plaintiff successfully proved the validity of the agreement, payment of earnest money, and their readiness and willingness to perform their obligations.

The Court also relied on precedent, including Muhammad Tufail Vs. Muhammad Aslam Khan (1999 YLR 934) and Zaheer Uddin Pathan Vs. Mst. Hajiani Zainab (1999 YLR 728), which emphasize the inadmissibility of oral evidence to alter written contracts.

The Court dismissed the revision petition, holding that the concurrent findings of the lower Courts were based on proper appraisal of evidence and that no misreading or non-reading of evidence was identified. The Court directed the enforcement of the agreement, granting the plaintiff the relief sought.