Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----Ss. 42 & 12---Qanun-e-Shahadat (10 of 1984), Art. 79---Suit for declaration and specific performance of contract---Non-production of two attesting witnesses of agreement to sell---Scope---Plaintiffs filed suit for declaration while defendant filed suit for specific performance of contract---Contention of plaintiffs was that they were owners in possession of suit land and agreement to sell in favour of defendant was against law and fact and same was based on mala fide and fraud---Both the suits were consolidated and suit of plaintiffs was dismissed whereas that of defendant was decreed concurrently---Validity---Defendant was bound to prove agreement to sell by producing its two attesting witnesses---Impugned agreement to sell had signatures of two marginal witnesses but only one witness was produced in the court---Said witness had not referred impugned agreement to sell and receipt in his examination-in-chief---Document not verified by the marginal witness during examination-in-chief could not be termed as duly acknowledged by the said witness---Other marginal witness had not been alleged to have been won-over by the plaintiffs and he was not summoned through the process of the court who appeared in favour of plaintiffs---Possession on suit land as part performance of agreement to sell could not be established---Plaintiffs had proved their plea through reliable and confidence inspiring evidence that they were owners of suit land---Deed-writer was not attesting witness rather he had only scribed the agreement to sell---Testimony of deed-writer was of no avail with regard to attestation of transaction of sale---Execution of agreement to sell was not proved due to non-production of two attesting witnesses of the same---Defendant had failed to establish payment of any consideration amount through reliable and confidence inspiring evidence and had failed to establish his case---Judgments and decrees of both the courts below were result of mis-reading and non-reading of evidence and were liable to be set aside---Impugned s and decrees were set aside and suit for specific performance filed by the defendant was dismissed…

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