Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S. 12---Suit for specific performance of agreement to sell immovable property was decreed concurrently---Contention of the defendant inter alia, was that agreement in question was not genuine and contained only signature of the other defendant and not the plaintiff; and had been prepared collusively---Validity---Performance of an agreement was required by both parties and if it was unilateral and signed by one party and signatures of other party were not available on said document, then same is not an agreement enforceable under law---Only one witness had been produced while scribe and stamp vendor were not produced---Two witnesses were important to prove execution of document on specific date as register of stamp vendor and petition writer proved fact of existence of document on a specific dispute in case of a dispute---Findings of courts below were against material facts and evidence and were set aside---Revision was allowed, in circumstances. Tahir Hussain Malik v. Mst. Najma Rafi 1995 SCMR 1407; Muhammad Idrees and others v. Muhammad Pervaiz and others 2010 SCMR 5 and Muhammad Ashraf v. Ali Zaman and others 1992 SCMR 1442 ref. (b) Contract Act (IX of 1872)--- ----S.37---Enforceability of agreement---Agreement containing signature of one party only---Effect---Performance of an agreement was required by both parties and if it was unilateral and signed by one party and signatures of other party were not available on said document, then same is not an agreement enforceable under law. JUDGMENT AMIN-UD-DIN KHAN, J.---Through this civil revision, the petitioner has challenged the judgment and decree dated 28-9-2004, passed by the learned Additional District Judge, Bahawalpur, whereby the appeal filed by the petitioner was dismissed and against the judgment and decree dated 19-11-1998, passed by the Civil Judge, Khairpur Tamiwali whereby the suit for specific performance filed by respondent No.1/plaintiff against respondent No.2/the original owner as well as the petitioner/the alleged subsequent purchaser was decreed. 2. Brief facts of the case are that respondent No.1/plaintiff on 30-4-1989 filed a suit for specific…

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