Law: Specific Relief Act, 1877

Section: 12

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

Section: 17,79

(a) Specific Relief Act (I of 1877)--- ----S.12---Qanun-e-Shahadat (10 of 1984), Arts.17 & 79---Suit for specific performance of contract---Non-attestation of agreement to sell by two marginal witnesses---Effect---Agreement to sell---Requirements---Proof---Procedure---Suit was dismissed on the ground that plaintiff had not examined second marginal witness of the agreement---Validity---Document creating financial liability or obligation was to be attested by at least two witnesses---Party had to lead testimony of at least two attesting witnesses otherwise said document was to be excluded from consideration---Alleged agreement to sell had been attested by only one marginal witness---Other witness produced by the plaintiff could not be termed as marginal witness as agreement to sell was silent with regard to his signature as attesting witness---Mere signature of a person who had not signed the document in the capacity of attesting witness was not to be deemed to have fulfilled the required compliance of Arts. 17 & 79 of Qanun-e-Shahadat, 1984---Non-attestation of alleged agreement to sell by two marginal witnesses would exclude it from the term of document defined in Art.17 of Qanun-e-Shahadat, 1984---Suit filed by the plaintiff was not maintainable and plaint should have been rejected at its inception---Mandatory terms of agreement i.e. non-fixation of time for performance of contract, payment of balance sale consideration by vendee, mode of payment and delivery of possession of land by vendor had not been fulfilled---Description of land was also missing in the case which was fatal for enforcement of agreement to sell---Second appeal was dismissed in circumstances. Fateh Muhammad v. Faqir Ullah 2001 CLC 801; Mst. Mumtaz Majeed and 4 others v. Muhammad Inayat 2016 CLC 780; Hafiz Tassaduq Hussain v. Muhammad Din through Legal Heirs and others PLD 2011 SC 241; Nazir Ahmad and another v. M. Muzaffar Hussain 2008 SCMR 1639 and Qasim Ali v. Khadim Hussain through legal representatives and others PLD 2005 Lah. 654 rel. (b) Pleadings--- ----Party could not be allowed to prove its case beyond the scope of pleadings. Muhammad Wali Khan and another v. Gul Sarwar…

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