Law:

Section:

(a) General Clauses Act (X of 1897)--- ----S.27---Postal certificate--- Delivery of letter--- Presumption--- Certificate of post is an official document whereby address of addressee on such certificate, being correct, presumption arises of letter having been received by addressee unless contrary has been proved---Such document of postal certificate is a public document signed by government functionaries therefore, presumption of its correctness cannot be doubted. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 84---Signature---Comparison by court---Scope---Signatures can be proved by other modes but High Court can also exercise such power. (c) Civil Procedure Code (V of 1908)--- ----O. XX, R. 5 & O. XLI, R. 31---Judgment of Appellate Court---Mandatory requirements---Scope---Judgment passed by Lower Appellate Court which does not qualify test and requirements of law and there is no decision with regard to each point which is main requirement, has no effect. (d) Specific Relief Act (I of 1877)--- ----Ss. 12 & 22---Civil Procedure Code (V of 1908), S. 115---Suit for specific performance of agreement to sell---Concurrent findings of facts by two courts below---Agreement not enforceable---Scope---Plaintiff entered into agreement to sell plot by defendant on basis of provisional allotment---Plaintiff paid partial amount but did not make remaining payments within time---Defendant issued legal notice stating cancellation of agreement for committing default by plaintiff---Suit filed by plaintiff was decreed in his favour by Trial Court and Lower Appellate Court also maintained the same---Validity---Subject matter of agreement to sell was not in existence at time of execution of agreement to sell and no plot number, street number or sector was determined, mentioned or available---All such issues pertained to objectivity of agreement and without existence of suit property performance could not be claimed nor even any legal enforcement be made---Although eligibility of allotment of defendant was in existence yet it did not create any substantive right even in his own favour---Trial Court, through its , did not consider law on the subject of specific relief, the…

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