| Citation(s) |
|---|
| 2003 SLG 964 2003 SLD 964 2003 SCMR 783 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 2149/L of 1999, decided on 22nd April, 2002. (On appeal from the judgment, dated 12-10-1999 of the Lahore High Court, Multan Bench, Multan, passed in Regular First Appeal Nos. 51 of 1994)
TANVIR AHMED KHAN, KHALIL-UR-REHMAN RAMDAY AND FAQIR MUHAMMAD KHOKHAR, JJ
Malik Muhammad Rafiq Rajwana, Advocate Supreme Court with S. Abul Aasim Jafri, Advocate-on-Record for Petitioner. Nemo for
Respondents
Civil Petition for Leave to Appeal No. 2149/L of 1999, decided on 22nd April, 2002. (On appeal from the judgment, dated 12-10-1999 of the Lahore High Court, Multan Bench, Multan, passed in Regular First Appeal Nos. 51 of 1994)
TANVIR AHMED KHAN, KHALIL-UR-REHMAN RAMDAY AND FAQIR MUHAMMAD KHOKHAR, JJ
Malik Muhammad Rafiq Rajwana, Advocate Supreme Court with S. Abul Aasim Jafri, Advocate-on-Record for Petitioner. Nemo for
Respondents
Mahr MUHAMMAD IQBAL
VS
Subedar MUHAMMAD ZAMAN KHAN and others
Law: Specific Relief Act, 1877
Section: 12
Law: Constitution of Pakistan, 1973
Section: 185(3)
Law: Qanun-e-Shahadat (10 of 1984)
Section: 72
Specific Relief Act (I of 1877)--- ----S. 12---Qanun-e-Shahadat (10 of 1984), Art.72---Constitution of Pakistan (1973), Art.185(3)---Agreement to sell-Execution ---Proof--Attorney executed the agreement after death of one of the owners/principals---Defendants denied execution of the agreement to sell and alleged the same a result of fraud-and fabrication---Plaintiff failed to prove presence of marginal witnesses at the time of execution of the agreement ---Executant of the agreement was attorney appointed by, the owners of the suit property---Plaintiff did not know the executant/attorney---Agreement was executed by the attorney two years after the death of one of the owners/principals---Trial Court and High Court dismissed the suit and appeal respectively---Validity---Attorney became inoperative and a nullity in the eyes of law in view of death of one of the owners/principals---Plaintiff failed to point out any misreading or legal flaw in the s of the Courts below warranting interference by Supreme Court---Leave to appeal was refused. ORDER TANVIR AHMED KHAN, J.--- Leave to appeal is sought against the judgment dated 12-10-1999 whereby a learned Single Judge of the Lahore High Court dismissed R.F.A. No.51 of 1994 filed by the petitioner maintaining the judgment/decree dated 30-5-1994 of the learned Senior Civil Judge, Khanewal. Briefly stated the facts of the case are that the petitioner filed a suit for specific performance of land measuring 400 Kanals, 18 Marlas on the basis of an agreement to sell dated 15-10-1989 for a consideration of Rs.14,00,000; out of which Rs.5,00,000 were allegedly paid as earnest money. The respondents denied the execution of sale agreement. It was also averred that Mgt. Sardar Begum, who was shown to be one of the vendors, had already died and the alleged agreement had been fabricated by Zafar Iqbal Maitla who was out to create numerous problems, civil as well as criminal, for the respondents. He, in order to grab the property of the respondents, involved them in a number of civil acid criminal cases and let loose a reign of terror because of his own influence which he was having in the locality. He put up this forged case through…
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