Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S. 12---Qanun-e-Shahadat (10 of 1984), Art. 79---Specific performance of agreement to sell---Agreement---Proof---Pardanashin lady, plea of---Deed-writer as marginal witness, production of---Plaintiff claimed to have purchased suit-land from defendant lady, who after receiving consideration amount executed agreement to sell and general power of attorney in his favour---Suit was decreed by Trial Court in favour of plaintiff but Lower Appellate Court dismissed the same---Validity---Defendant lady had passed intermediate, had been serving in the Health Department and also made sale / purchase of a cold storage, as such plea of being Pardanashin lady was no more available to her---Plaintiff had successfully proved his case by producing one marginal witness and Deed Writer who was as good as marginal witness---Defendant lady admitted her signatures on agreement to sell as well as payment receipts, therefore, presumption would be that she had signed the documents after receipt of consideration amount---Revocation of general power of attorney by defendant lady was an afterthought to deprive plaintiff from his lawful right which could not be allowed under the law---Lower Appellate Court had passed against law and fact which could not sustain in the eye of law---High Court in exercise of revisional jurisdiction set aside and decree passed by Lower Appellate Court and restored that of Trial Court---Revision was accepted in circumstances. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 79---Document, proof of---Two witnesses---Scope---Deed Writer is as good as marginal witness to meet the requirement of Art. 79 of Qanun-e-Shahadat, 1984. JUDGMENT CH. SHAHID SAEED, J.---The petitioner Mian Abdul Aziz by way of filing the instant civil revision has challenged the vires of judgment and decree 4-5-2011 passed by learned Additional District Judge, Pasrur who accepted the appeal of the respondent and reversed the judgment and decree dated 20-12-2010 passed by learned Civil Judge First Class, Pasrur whereby the suit of the petitioner was decreed. 2. Succinctly stated the facts of the case leading to the filing of this civil revision are…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492