Law: Specific Relief Act, 1877

Section: 12

(a) Specific Relief Act (I of 1877)--- ----S. 12---Suit for specific performance of agreement to sell---General power of attorney by the son in favour of his father---Sale agreement by the father on the basis of said power of attorney---Photocopy of a document---Evidentiary value---Remand of case---Scope---Evasive denial in written statement---Effect---Contention of defendant was that alleged agreement to sell was forged one---Suit was decreed by the Trial Court but Appellate Court remanded the matter for decision afresh on the ground that impugned decree was not executable---Validity---Defendant in his written statement had pleaded that he had no knowledge of alleged agreement but during evidence had admitted the same to the extent of some land---Defendant had adopted contradictory position during the proceedings before the Trial Court and created doubt on truthfulness of his version---Evidence beyond pleadings could not be taken into consideration---Defendant had also admitted the execution of general power of attorney in favour of his father and execution of agreement to sell by his father to the extent of someland---Defendant's brothers and sisters had transferred their respective shares in the suit land in favour of plaintiff---Plaintiff was in possession on the suit land and no suit for possession had been filed by the defendant---Appellate Court had not properly appreciated the facts of the present case---General power of attorney had been executed with regard to entire land owned by the defendant---Photocopy of a document had no evidentiary value---No particulars of alleged fraud had been given either in written statement or in the defendant's evidence---Remand of case could only be made where it was necessary and inevitable due to insufficient evidence for deciding the points in controversy---Remand of case for technical reason was not appreciated---When an evasive denial was given in written statement to a fact pleaded in the suit then same should be treated as an admission---Impugned passed by the Appellate Court was set aside and that of Trial Court was restored---Revision was allowed in circumstances. State Life Insurance Corporation of Pakistan v.…

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