Law:

Section:

(a) Specific Relief Act (I of 1877)--- ---S. 12---Qanun-e-Shahadat (10 of 1984), Arts. 79, 117 & 118---Suit for specific performance of contract---Agreement to sell---Proof---Procedure---Mere tendering agreement to sell in evidence had no evidentiary value and same would not prove its execution---Plaintiff was required to prove execution of agreement to sell by examining its scribe or the marginal witnesses thereof---Plaintiff was bound to prove original transaction along with agreement---Failure of plaintiff to prove the same, s and decrees passed by both the courts below were set aside and suit was dismissed with costs---Revision was allowed in circumstances. 1999 CLC 1656; 2001 SCMR 798 and 2011 CLC 164 ref. (b) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 117 & 118---Burden of proof---Scope---Person who urged the court to give as to any right or liability dependent on the existence of facts which he had asserted must prove the same---When a person was bound to prove the existence of any fact, burden of proof would lie on the said person. (c) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction of High Court---Concurrent findings recorded by the courts below could be interfered by the High Court if same would result into injustice or hardship. THIS ORDER PASSED BY: MUHAMMAD IQBAL KALHORO, JUSTICE:---.--- This revision application is directed against the concurrent findings recorded by the two Courts below in FC Suit No. 181 of 2007 instituted by Nusrat Hussain/the respondent against Aamir Ghous Hashmi/the applicant for specific performance of contract, possession and injunction. The suit was filed in the court of 5th Senior Civil Court Hyderabad and was decreed vide judgment dated 30.05.2008 and decree drawn on 31.05.2008. In appeal filed by the applicant, the findings of the trial court were maintained vide judgment dated 28.02.2014 and decree dated 04.03.2014. Both the judgments and decrees have been impugned by the applicant here. 2. In the suit the respondent has claimed that the applicant is owner of agriculture land admeasuring 53-18 acres situated in deh Khuddi Tappo Naubat Mari, Taluka and District Matiari, which he agreed…

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