Law:

Section:

Lunacy Act (IV of 1912)--- --------S.62---Qanun-e-Shahadat (10 of 1984), Art.79---Specific Relief Act (I of 1877), S.12---Specific performance of agreement to sell---High Court's power to mould relief---Both agreements to sell were genuinely executed documents---Marginal witnesses fully corroborated the version of plaintiff in plaint---Execution of agreement and receipt of earnest money stood proved in accordance with Art. 79 of the Qanun-e-Shahadat, 1984---Second agreement to sell though was attested by only one marginal witness yet the same being continuation of the earlier agreement and having been attested by two sons and widow/wife of the deceased/vendor could not be discarded---Defendants had not challenged the agreements to sell before any court of law --------- Plaintiff obtained signatures and thumb impressions of two sons and wife of vendor/deceased on agreements in addition to attestation of marginal witnesses suggesting that plaintiff/vendee was in doubt as to vendor's capability of independently entering into agreement to sell---Application of vendor's wife for declaring her husband as lunatic was pending at the time of death of vendor---Vendor was physically and mentally incapable of independently entering into agreements to sell --------- Relief could not be granted to plaintiffs under Specific Relief Act, 1877, however, in view of proof of payment of earnest money to defendants/vendor's sons, High Court moulded the relief---High Court was vested with discretion to mould the relief in appropriate cases in order to avoid multiplicity of proceedings, to shorten litigation and to do justice between the parties---Agreements to sell were not enforceable at law---Defendants were directed to return the plaintiffs amount equal to the present value of gold which could be purchased with the amount of earnest money received by defendants---Appeal was partially allowed. Muddasar Qayyum Nahra v. Ch. Bilal Iiaz and others 2011 SCMR 80 and Ahmad Nawaz Khan v. Muhammad Jaffar Khan and others 2010 SCMR 984 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD FARRUKH IRFAN KHAN, JUSTICE:------------------ The instant appeal is directed against the judgment and decree dated…

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