Law: Specific Relief Act, 1877

Section: 12

Law: Qanun-e-Shahadat (10 of 1984)

Section: 17,79

Specific Relief Act (I of 1877) --------- ----------S. 12 --------- Qanun-e-Shahadat (10 of 1984), Arts. 17 & 79 --------- Suit for specific performance of contract --------- Agreement to sell, proof of --------- Attesting witness --------- Scope --------- Contention of defendants was that agreement to sell could not be used as evidence until two attesting witnesses of the same had been called for the purpose of proving execution of such agreement --------- Suit was decreed concurrently --------- Validity --------- Agreement to sell was required to be attested by two witnesses under Art. 17 of Qanun-e-Shahadat, 1984 --------- Document should not be used as evidence until two attesting witnesses were called for proving the execution of the same if such document was required to be attested --------- Plaintiff was bound to examine at least two attesting witnesses of agreement to sell in order to prove the execution of the same --------- Scribe of a document could only be a competent witness if he had put his signatures as an attesting witness upon such document and not otherwise --------- Plaintiff was required to prove agreement to sell under Arts. 17 & 79 of Qanun-e-Shahadat, 1984 for getting a decree in his favour --------- Plaintiff had produced scribe of agreement to sell and identifier --------- Evidence of scribe was not sufficient to prove agreement to sell as he had neither attested the same as attesting witness nor he had given any note on such agreement that transaction was concluded and payment was made in his presence --------- Scribe could not be given the status of attesting witness in such circumstances --------- Decree could not be passed in favour of plaintiff as agreement to sell had not been proved by producing requisite number of attesting witnesses of said document --------- Impugned s and decrees passed by the courts below were set aside and suit was dismissed --------- Appeal was accepted in circumstances. Hafiz Tasadduq Hussain v. Muhammad Din through Legal Heirs and others PLD 2011 SC 241 rel. THIS JUDGMENT DELIVERED BY: SHAHID WAHEED, JUSTICE:---------- Challenge in this second appeal is to the judgment and decree dated…

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