Law: Qanun-e-Shahadat (10 of 1984)

Section: 17(2)(a),79

Law: Qanun-e-Shahadat (10 of 1984)

Section: 17(2)(a),79

Law: Civil Procedure Code (V of 1908)

Section: O.II,R.2

Law: Colonization of Government Lands (Punjab) Act, 1912

Section: 19

(a) Qanun-e-Shahadat (10 of 1984)-------Art. 17(2)(a)---Agreement to sell, attestation of---Scope stated. An agreement to sell pertaining to future obligation generally proposes fixation of some consideration amount, earnest money if paid at the time of its execution and the remaining to be paid at the later stage or at the time of registration/completion of sale and attested by two marginal witnesses. (b) Colonization of Government Lands (Punjab) Act (V of 1912)--- ----S. 19---Qanun-e-Shahadat (10 of 1984), Arts.17(2)(a & 79---Transfer of Property Act (IV of 1882), S.54---Civil Procedure Code (V of 1908), O.II, R.2---Specific Relief Act (I of 1877), S.12---State land under Thal Development Authority---Suit for specific performance of agreement to sell in form of an affidavit scribed on stamp paper of Rs.4---Proof---Purpose of issuance of such stamp paper was not mentioned on its backside---Stamp vendor had denied to know the person to whom he had issued such stamp paper---Plaintiff was legally bound to produce two attesting witnesses for proving such affidavit/agreement---One witness to such affidavit/agreement, who had scribed one line on its backside deposed that "he knew the defendant, who had signed in his presence", but had deposed nothing with regard to execution of affidavit/agreement---Other witness to such affidavit/agreement having scribed such sentence was reported to have died, but had not signed same as attesting witness---Such affidavit/ agreement, in absence of its attestation by two marginal witnesses, could not be termed as a valid document in terms of Arts.17(2)(a) & 79 of Qanun-e-Shahadat, 1984---Plaintiff had failed to explain as to why such document had been written in form of an affidavit instead of a proper agreement---Such affidavit/agreement did not show amount of sale consideration and as to how much amount was paid at the time of its execution and how much was to be paid later on, if any---Affidavit in absence of such vital ingredients and for being unregistered could not be read as a sale-deed and could not operate to create any legal consequences---Board of Revenue had declared practice of transfer of State land through…

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