Law:

Section:

Specific Relief Act (I of 1877) --------- ----------S. 42 --------- Suit for declaration --------- Sale consideration --------- Evidence of scribe --------- PardahNasheen lady, status of --------- Plaintiff filed suit for declaration to the effect that she was owner in possession of suit property and defendant had no connection with the same --------- Plaintiff averred that defendant being her attorney in litigation against her sons had obtained her thumb impression on a blank stamp paper with an assurance that a compromise was to be executed with her sons --------- Defendant did not deny her claim of ownership but alleged that she had sold the property in his favour by a sale deed --------- Suit was dismissed but appeal against was accepted --------- Validity --------- Payment of sale consideration was not proved --------- During cross-examination of plaintiff, no question was put to her regarding receipt of payment --------- In case of absence of payment of sale consideration, no sale could be proved --------- Scribe deposed that plaintiff had not appeared before him and no money exchanged the hands in his presence --------- Defendant's witness deposed that he took scribe to house of plaintiff to obtain thumb impression but he showed his ignorance about contents of deed though it was read over to him --------- Defendant failed to prove payment of sale consideration and the fact that thumb impression were obtained for sale transaction --------- Plaintiff had established defendant as her attorney in litigation against her sons --------- Appellate Court had rightly accepted the appeal --------- Revision was dismissed. THIS JUDGMENT DELIVERED BY: ABDUL LATIF KHAN, JUSTICE:---------- This revision petition has been preferred against the judgment and decree dated 21.04.2012, passed by learned District Judge, Charsadda whereby the appeal filed by plaintiff/respondent was allowed and the judgment and decree dated 1.12.2011 passed by trial Court was set aside by reversing the same in favour of plaintiff/respondent. Arguments heard and record perused. 2. A perusal of record reveals that respondent/plaintiff filed a suit for declaration that she is owner of house in…

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