Law:

Section:

Qanun-e-Shahadat (10 of 1984)--- ----Arts. 47, 90, 91 & 92---Specific Relief Act (I of 1877), Ss. 12 & 42---Suit for declaration on the basis of agreement to sell---Production of certified copies of previous litigation---Scope---Plaintiffs sought declaration being owner in possession on basis of agreement to sell---Defendant contended that fate of agreement to sell had already been decided in previous suit(s) whose certified copies were produced in Trial Court---Validity---Present plaintiffs/petitioners derived their title from two deeds exhibited during Trial Court proceedings---Validity of said two deeds were questioned in a previous suit wherein present petitioners were defendants and they submitted cognovits to the claim of then plaintiffs---Said documents had been exhibited in the proceedings of subsequent suit which was now in question before High Court---Similarly, on the basis of said deeds pre-emption suit was filed wherein on denial of the vendor regarding execution of sale deed, pre-emption suit was withdrawn, meaning thereby fate of the deeds relied upon by the present petitioners had already been decided by the courts of competent jurisdiction---Articles 90, 91 & 92 of Qanun-e-Shahadat, 1984 was relevant as respondents had exhibited certified copies of previous litigation qua same deeds which were disputed now, so any decision made by a competent court of jurisdiction regarding genuineness or otherwise of said deeds was a relevant factor which could rightly be adjudged after going through the record---Article 47 of Qanun-e-Shahadat, 1984, did not relate to a situation like in the present case, because Art. 47 only dealt with the statement of a person, who, after giving statement or producing some document in previous litigation between the parties, was dead or his attendance could not be procured with an amount of delay or expenses, so such was not the present case---In the present case, it was simply the respondents, who in rebuttal of the claim of present petitioners, had produced certified copies of the and decrees, fate of which had already been decided by the courts of competent jurisdiction---No ground of interference by High…

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