Law: Civil Procedure Code (V of 1908)

Section: O.XVIII,R.8

Law: Specific Relief Act, 1877

Section: 12

Civil Procedure Code (V of 1908)--- ----O. XVIII, R. 8---Specific Relief Act (I of 1877), S. 12---Suit for specific performance of agreement to sell---Evidence, recording of---Procedure---Improvements had been made in the evidence by the parties---Evidence, as a whole should be considered and dilated upon---Trial Court had adopted pick and choose methodology which was not warranted under the law---Evidence in totality had to be accepted or rejected---Evidence had been relied upon by the Trial Court beyond the pleadings ---No issue with regard to readiness and willingness of the parties germane to fulfilment of their part of agreement was framed by the Trial Court---Trial Court in a sketchy manner without discussing the evidence had disbelieved the defendant---Evidence, in the present case, was recorded through local commission but same did not bear certificate of Presiding Officer which was illegality on the part of Trial Court---Evidence was to be recorded by the Presiding Officer or under his dictation and in case evidence was recorded by a local commission then same should be under supervision and in presence of Presiding Officer---Presiding Officer was to give a certificate that evidence had been recorded in his presence by the local commission with consent of the parties---Impugned s and decrees passed by the Courts below were set aside and case was remanded to the Trial Court with the direction to frame issue with regard to readiness of the parties to fulfill the terms and conditions of agreement of sale and record evidence and decide the matter afresh---Second appeal was allowed, in circumstances. THIS JUDGMENT DELIVERED BY: SHAHID BILAL HASSAN, J.--- Precisely, the respondent/plaintiff Mehmood Ahmad instituted a suit for possession through specific performance of contract dated 13.12.2007 allegedly entered into for a consideration of Rs.13,00,000/- with regards to the suit property, out of which Rs.200,000/- were paid as earnest money and the time of execution of registered sale deed and delivery of possession was fixed till 13.02.2008. The said suit was contested by the present appellant while submitting written statement contending therein that time…

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