Law: Specific Relief Act, 1877

Section: 12,19,22

Law: Qanun-e-Shahadat (10 of 1984)

Section: 90

(a) Specific Relief Act (I of 1877)--- ----Ss. 12, 19 & 22---Suit for specific performance of agreement to sell---Burden of proof---Third party interest created with regard to suit property---Effect---Compensation, grant of---Scope---Official documents---Presumption of genuineness---Question of burden of proof would lose its significance once evidence was brought on record---Rule of preponderance of evidence was applicable in civil matters---Court had to consider the entire evidence on record of all the parties in order to render correct conclusion---Agreement of sale had been executed between the parties---Defendant had received an advance amount from the plaintiff---Terms of agreement or contract were sacrosanct and should not be taken lightly---Defendant had created third party interest in the suit property---If decree for specific performance was awarded then plaintiff would have legal and practical difficulties and even it would cause hardship to the third party who had purchased suit land but had not been impleaded as a defendant---Plaintiffs at least were entitled for the alternative relief as also prayed by them---Defendant had not offered to return the advance amount received from the plaintiff---Plaintiff should be granted compensation under S.19 of Specific Relief Act, 1877, in circumstances---Advance amount was lying with the defendant for thirteen years and same had been utilized by him---Defendant was directed to return advance amount as well as compensation to the plaintiff in circumstances. Chiragh (deceased) through legal heirs v. Ibrahim 2010 SCMR 1976; Rajmangal Misir and others v. Mathura Dubain and another AIR 1915 Allahabad page 383 and Timmavva Dundappa Budihal v. Channava Appaya Kanasgeri AIR (35) 1948 Bombay 322 ref. Mst. Zainab v. Majeed Ali and another 1993 SCMR 356; Verse 282 of Surah AL Baqarah (2:282) and Liaquat Ali Khan v. Falak Sher PLD 2014 SC 506 rel. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 90---Official documents---Presumption of genuineness---Official documents had presumption of genuineness. THIS JUDGMENT DELIVERED BY: MUHAMMAD FAISAL KAMAL ALAM, J.---- The Plaintiffs have instituted the present proceeding with…

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