Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss. 12 & 54---Qanun-e-Shahadat (10 of 1984) Art. 113---Suit for specific performance with perpetual injunction---Multiple agreements to sell---Subsequent claimant---Status---Admitted facts, proof---Examination of witness---Positive suggestion---Written statement---Status---Plaintiff instituted a suit for specific performance of agreement to sell against defendant and alleged partial payment of sale consideration---Plaintiff contended that defendant was bound to receive remaining amount and transfer the suit property in his name---Another party filed a separate suit regarding specific performance of agreement to sell against the suit property---Both suits were consolidated being of same property and against one defendant---Subsequent claimant was also arrayed as one of defendants---Trial Court dismissed claims of both plaintiff and subsequent claimant---Parties preferred appeals which were allowed to the extent of claim of plaintiff but dismissed the claim of defendant and subsequent claimant---Validity---Testimony deposed by witnesses of plaintiff could not be shattered and positive suggestions made by subsequent claimant were also confirmed in examination of witnesses of plaintiff---Defendant neither produced his evidence nor had he recorded his own statement and requested Trial Court to rely on evidence of plaintiff---Written statement by defendant could not be treated as evidence---Plaintiff's evidence, in circumstances, was deemed to be correct and admitted on part of defendant requiring no further proof---Scribe was produced as evidence by subsequent claimant in support of his claim---During cross examination the scribe admitted that subsequent claimant was aware of pendency of suit between plaintiff and defendant; transaction was not made, nor the consideration was paid in his presence---Contents of agreement and entry in relevant register also did not match which was also admitted by scribe---Case of subsequent claimant was held to be counter suit based on connivance with defendant to defeat case of plaintiff---Appellate court rightly passed the and decree---High Court dismissed revision petition. Ms. Khair un…

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