Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----Ss. 12 & 28---Civil Procedure Code (V of 1908), O.XLI, R.27---Qanun-e-Shahadat (10 of 1984), Arts.59, 60 & 61---Suit for specific performance of agreement to sell---Evidence of handwriting expert---Scope---Plaint did not mention whether agreement to sell was oral or written---Neither details of property nor date of performance of agreement was mentioned---Attesting witnesses had signed and thumb marked the draft of sale deed before signatures of vendors---Attesting witnesses of the sale deed had to testify the document on behalf of vendors as such witnesses had to testify the signatures of vendors/sellers before them (in their presence)---Plaintiff did not make it clear as to whether the receipt was original agreement or some oral agreement existed between the parties prior to said receipt---Alleged draft of sale deed did not mention the said receipt---Plaintiff did not move any application for correction of parentage of defendants despite objection raised in the written statement---Report of Handwriting Expert, being opinion of such expert, was not binding on the court under the law---Opinion of expert was relevant but same did not amount to conclusive proof---Opinion of the handwriting expert was a very weak type of evidence and same was only confirmatory or explanatory of direct or circumstantial evidence---Confirmatory evidence could not be given preference where confidence inspiring evidence was available---Signatures on disputed receipt were not found by High Court to be similar to the admitted signature---Plaintiffs' witness had stated that price of suit property was three million as against the value of Rs.100,000 mentioned by plaintiffs who were bound by the statements of their witnesses---First appellate court, in view of S.28 of the Specific Relief Act, 1877, could not pass the decree as price was grossly inadequate---Defendant witness' deposition as to value of suit property having not been challenged in cross-examination, would be accepted as such under the law---Evidence recorded by Trial Court beyond the scope of remand order could not be considered---First appellate court could not exclude…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492