Law: Specific Relief Act, 1877

Section: 12

Law: Civil Procedure Code (V of 1908)

Section: 115

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

Section: 133

(a) Specific Relief Act (I of 1877)--- ----S. 12---Qanun-e-Shahadat (10 of 1984), Art.133---Suit for specific performance of agreement to sell---Scribe being witness to the transaction---Evidentiary value of statement of scribe---Defendant purchased the stamp paper and had admitted his signatures thereupon---Vendor had denied the purpose of stamp paper as well as contents of agreement to sell---When a person had challenged some part of contents of a document then onus would be upon that person to prove the allegations pleaded by him---Oral evidence was not sufficient against documentary evidence---Stamp paper was issued for an agreement on behalf of defendant in favour of plaintiff---Plaintiff was in possession of the suit property---Remaining sale consideration had been paid in the Trial Court---Scribe could not be considered as an attesting witness---Alleged agreement and transaction took place in presence of scribe in the present case---Scribe was witness to the transaction and his statement could be relied upon---Major portion of statement of witnesses of plaintiff had not been cross-examined---If any portion of statement of witness was not cross-examined then same would be presumed to have been admitted by the other side---Defendant filed a suit for declaration to challenge the validity and legality of alleged agreement of sale but same was withdrawn subsequently---Defendant had not appended the documents produced before the Trial Court---Revision petition was defective in circumstances---No mis-reading or non-reading of evidence had been pointed out in the impugned s passed by the Courts below---Revision was dismissed in circumstances. Muhammad Rasheed Khan v. Mst. Mehr-un-Nisa 2009 SCMR 740; Muhammad Sharif and others v. Nabi Bakhsh and others 2012 SCMR 900; Liaqat Ali Khan and others v. Falak Sher and others PLD 2014 SC 506; Farid Bakhsh v. Jind Wadda and others 2015 SCMR 1044; Ghulam Nabi and others v. Seth Muhammad Yaqub and others PLD 1983 SC 344; Rab Nawaz and 13 others v. Mustaqeem Khan and 14 others 1999 SCMR 1362; Bashir Ahmed through L.Rs. and another v. Muhammad Ali through L.Rs. and another 2007 SCMR 1047 and Muhammad Sattar and others v.…

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