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

Section: 17,81

Law: Transfer of Property Act, 1882

Section: 54

Qanun-e-Shahadat (10 of 1984)--- ----Arts. 17 & 81---Transfer of Property Act (IV of 1882), S. 54---Admission of execution by party to attested document---Scope---Sale agreement---One of the attesting witnesses of sale agreement not produced---Inconsequential---Sale agreement had been attested by two witnesses---Omission to produce one of the said attesting witness was of no legal consequence in terms of Art. 81 of the Qanun-e-Shahadat, 1984---Article 81 was an exception to the general rule that where a document was required by law to be attested the same could not be used in evidence unless two attesting witnesses were called for the purposes of proving its execution---Reading of Art. 81 showed that where the execution of a document was admitted by the executant himself, the examination of attesting witnesses was not necessary---Appeal was dismissed. Hafiz Tassaduq Hussain v. Muhammad Din through Legal Heirs and others PLD 2011 SC 241; Mt. Hira Bibi and others v. Ram Hari Lal and others AIR 1925 Privy Council 203 and Sheik Kachu v. Muhammad Ali Mahmud AIR 1927 Calcutta 926 distinguished. THIS ORDER PASSED BY: FAISAL ARAB, J.--- The case of respondent No.1 in his suit for specific performance of contract was that the predecessor-in-interest of the appellant No.1 entered into an agreement to sell with him with regard to his property comprising of 29 kanals. In this regard the appellant No.1 executed a sale agreement on 23.01.1992 which admittedly was signed by him and on the same day a registered power of attorney was also executed in favour of his brother entrusting all the powers of sale and transfer etc. to him. At that time the property was mortgaged therefore could not be transferred and when the mortgage was redeemed on 18.01.1994, the respondent No.1 filed the suit for specific performance of the contract on 30.04.1994. Both the documents were produced in evidence, however, out of the two attesting witnesses of the sale agreement only one appeared as witness. On the basis of the admission of the executant of both the documents the suit was decreed. The appeal filed by the appellants failed and so was their second appeal. Against the concurrent…

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