Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S. 12---Qanun-e-Shahadat (10 of 1984), Art. 80---Suit for specific performance of agreement to sell---Limitation--- Document--- Proof of---Procedure--- Unilateral agreement---Scope---Trial Court dismissed the suit on the grounds that agreement to sell was not proved and suit was barred by time but Appellate Court decreed the same---Validity---Agreement to sell and general power-of-attorney were executed between the parties---Defendant had not challenged the said documents in favour of plaintiff and admitted their execution, validity and authenticity---Plaintiff while appearing in the witness box had also proved execution of said documents---Marginal witnesses of both the documents had died but their signatures had been identified on the said documents---Valid execution of agreement to sell and payment of sale consideration had been proved---Plaintiff had possession on the suit property and had admitted that a sum of Rs. 17,000/- was due against her---Appellate Court while discussing the claim of plaintiff had ignored the said admission and had decreed the suit without any order for payment of balance sale amount---Appellate Court had rightly observed that plaintiff had affixed her signatures on the back of agreement to sell---Unilateral agreement to sell was also enforceable if proved to be executed---Proprietary rights had been granted to the defendants during pendency of present suit---Plaintiff could come to the Court for enforcement of agreement to sell after grant of proprietary rights---Appellate Court had properly appreciated the evidence and had rightly decreed the suit of plaintiff---Impugned did not suffer for mis-reading and non-reading of evidence except that no order had been passed for payment of balance amount---Suit of plaintiff was decreed conditionally on payment of balance amount to defendants within thirty days failing which the suit should stand dismissed---Revision was partly allowed in circumstances. Mst. Gulshan Hamid v. Kh. Abdul Rehman 2010 SCMR 334; Talib Hussain v. Muhamad Nawaz 2016 CLC Note 30; Muhammad Sattar and others v. Tariq Javaid and others 2017 SCMR 98 and Allah Dad v. Mehmood Shah…

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