Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O.VIII, R.10---Qanun-e-Shahadat (10 of 1984), Art. 118---Non-filing of written statement and non-entering of defendant in witness box to rebut plaintiff's assertions made in plaint and affidavit-in-evidence---Effect---Such assertions of plaintiff being un-rebutted would be admitted. (b) Specific Relief Act (I of 1877)--- ----S.12---Civil Procedure Code (V of 1908), O.VIII, R.10---Qanun-e-Shahadat (10 of 1984), Art. 118---Suit for specific performance of oral sale agreement---Plaintiff claimed to be in possession of suit property for several years after paying entire sale consideration to defendant against receipt/pay orders---Non-filing of written statement and non-entering of defendant in witness box to rebut plaintiff's assertions made in plaint and affidavit-in-evidence---Validity---Such assertions of plaintiff for being un-rebutted would be admitted---Such receipt, in absence of written sale agreement between parties, constituted a privity of contract between parties---Had such payment not been made to defendant towards sale consideration, then he would have definitely asserted such possession of plaintiff over suit property to be illegal and agitated thereagainst---Plaint and affidavit-in-ex parte proof were verified on oath, and there was nothing in rebuttal thereof---Suit was decreed in circumstances. Muhammad Ikhlaq v. Sheikh Muhammad Saeed 1991 CLC 2064 rel. THIS JUDGMENT DELIVERED BY: SADIQ HUSSAIN BHATTI, JUSTICE:---.--- The plaintiff, Mrs. Rubina Ali, has filed the present suit through his husband and Special Attorney, Mirza Masood Ali Baig, against the defendants for specific performance, declaration and permanent injunction. 2. The brief facts of the case are that in the month of November, 2005 the plaintiff was approached by one property broker namely Iftikhar Haider, who is stated to be the defendant No. 6 but his name does not find mention in the title of plaint and defendant No. 5 has again been mentioned as defendant No. 6, to purchase the property i.e. A-52, Block-12, Gulberg, Federal 'B' Area, Karachi, along with construction thereon Ground + First Floor, measuring 200 square yards from its owners…

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