Law:

Section:

(a) Specific Relief Act (I of 1877)---S. 12---Qanun-e-Shahadat (10 of 1984), Arts. 72 & 78---Suit for specific performance of agreement to sell---Document, proof of---Scribe of stamp paper (an Advocate) filed suit on behalf of the plaintiff---Scribe appeared as witness of plaintiff---Plaintiff was to prove valid execution of agreement to sell---Agreement to sell was not signed by the plaintiff---Agreement could not be termed as valid agreement to sell---Plaintiff, in circumstances, had not proved the valid execution of agreement to sell and entering into agreement to sell. [pp. 270, 271] A, B & C Mst. Gulshan Hamid v. Kh. Abdul Rehman and others 2010 SCMR 334 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 100---Second appeal---Scope---Appellant was bound to show that the decision of first appellate court was contrary to law or first appellate court had failed to determine some material issue of law or usage having the force of law or there was some substantial error or defect in the procedure provided by the C.P.C. by the first appellate court---No defect had been found by the High Court, no case for interference while exercising jurisdiction under S. 100 of C.P.C. was made out. JUDGMENT AMIN-UD-DIN KHAN, J.---Through this appeal, appellant-plaintiff has challenged the judgment and decree dated 15-2-2005 passed by learned Addl: District Judge, Daska, whereby the appeal filed by the respondents-defendants was accepted, in result of which, judgment and decree dated 22-2-1995 passed by learned Civil Judge 1st Class, Daska decreeing the suit of the appellant-plaintiff, were set aside. 2. The facts, in brief, as leading to this appeal are that the appellant-plaintiff on 29-11-1993 filed a suit for specific performance on the basis of an agreement to sell dated 20-4-1993 against the defendants-respondents. The written statement was filed and suit was contested on the ground that suit has been filed on the basis of forged and fictitious agreement to sell, when the defendants never entered into an agreement to sell with regard to the suit property. They stated that the market value of suit property at the time of agreement was rupees one crore, whereas in…

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