Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----Ss. 12 & 27---Limitation Act (IX of 1908), Art. 113---Qanun-e-Shahadat (10 of 1984), Art. 100---Evidence Act (I of 1872), S. 68 [since repealed]---Suit for specific performance of contract---Limitation---Agreement to sell---Proof of---Procedure---Attesting witness---Statement on special oath---Principles---Document more than 30 years old---Beneficiary of document---Evidentiary value---Scope---Sale of property through contract would take effect in terms and conditions incorporated therein but it did not by itself create any interest or change in the same---Onus would lie on the beneficiary to prove that transaction had been duly settled between the parties on such terms and conditions---Alleged agreement to sell had been signed/thumb marked by one of the vendees---Beneficiary could neither be a judge of his own cause nor could be treated as an attesting witness of his own transaction even if he had signed the agreement in such capacity---Vendee was an interested person who got recorded his evidence as attesting witness---Statement of vendee could not be treated at par with that of attesting witness---Plaintiff had not examined other attesting witnesses of agreement to sell as they had passed away prior to the recording of evidence---Person whose statement was recorded to prove the signature of deceased attesting witness could not prove the execution of agreement to sell---Stamp vendor was neither examined nor stamp vending register was got summoned which might have been retained in the safe custody---Alleged contract was scribed by an un-licensed deed writer---No documentary evidence of corroborative nature in shape of register of stamp vendor/deed writer was available on record---Party had to succeed on its own footing and no premium could be extended to him merely on account of making a statement on special oath which remained unproved through evidence led by him on record---If a party without consent of his adversary at his own made a statement on special oath and in rebuttal the latter did not opt to make such type of statement then no adverse inference could be drawn against him---Unilateral statement of a…

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