Law: Specific Relief Act, 1877

Section: 12

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

Section: 17,79,82

Law: Limitation Act, 1908

Section: 113

(a) Specific Relief Act (I of 1877)--- ----S 12---Qanun-e-Shahadat (10 of 1984), Arts.17, 79 & 82---Limitation Act (IX of 1908), Art. 113---Suit for specific performance of contract---Limitation---Agreement to sell attested by only one witness---Effect---Document, proof of---Procedure---Article 82 of Qanun-e-Shahadat, 1984---Applicability---Plaintiff was bound to produce cogent evidence including two marginal witnesses of agreement to sell before the court in order to prove his assertion---Every document was hit by the provisions of Art.17 of Qanun-e-Shahadat, 1984---Agreement to sell, in the present case was neither executed as required under Art.17 of Qanun-e-Shahadat, 1984 nor it could be proved as per requirement of Art.79 of the said Order---Document required to be proved must be attested by two witnesses and it could not be proved until and unless two attesting witnesses appeared before the court and testified such document---If initial requirements were completed then the provision of Art.82 of Qanun-e-Shahadat,1984 would be applicable---Alleged agreement to sell was attested by one marginal witness only and there existed no other marginal witness of the said document---Article 82 of Qanun-e-Shahadat,1984 might be relevant in a case where two attesting witnesses existed but not in the case of a document where there was only one marginal witness---Witness which did not exist could not be presumed that he had denied or failed to recollect execution of the document---Plaintiff could not be allowed to get benefit from the weaknesses of the other side and he had to stand on its own legs---Plaintiff filed suit for permanent injunction on 17-01-1994 wherein it was asserted that cause of action had accrued prior to 15 days before filing of said suit---Present suit was filed on 21-06-1997 which was beyond the period of three years and was time barred---No misreading or non-reading of evidence had been pointed out in the impugned s and decrees passed by the courts below---Revision was dismissed in circumstances. Hafiz Tassaduq Hussain v. Muhammad Din through LRs and others PLD 2011 SC 241 rel. (b) Limitation Act (IX of 1908)--- ----Art. 113---Specific Relief…

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