Law: Civil Procedure Code (V of 1908)

Section: 100

Law: Specific Relief Act, 1877

Section: 12

Civil Procedure Code, 1908 (V of 1908)-- ----S. 100--Special Relief Act, 1877, S. 12--Concurrent findings of fact by Courts below--Agreement to sell--Question of forged & fictitious signatures--Non-production of marginal witness--Effect--Predecessor-in-interest of respondent was owner of land--Predecessor vide agreement to sell agreed to sell possession of land was delivered in favor of appellant--Respondents submitted that their predecessor was illiterate, during his life time, he always affixed thumb impression, whereas, agreement to sell purportedly bearing signatures was forged, fictitious--Trial Court after framing issues dismissed the suit filed by appellant, appeal filed by the appellants was also dismissed--Challenge in Second Appeal--Validity--Agreement to sell by his father in favour of appellants was not executed in his presence--DW claimed that his father being illiterate used to affix his thumb mark and has never signed any document--During cross-examination he deposed that he has not purchased stamp paper for execution of agreement to sell and had not identified vendor at that time--Stamp paper for agreement to sell was purportedly purchased by respondent's predecessor though his son--From attested copy of register of stamp vendor, it is established that his license for stamp vendor was cancelled by as such sale of purported stamp paper in favor of respondent's predecessor has not been incorporated in Register--Respondent has placed on record registered lease deed and two other un-registered deeds to establish that his predecessor being illiterate used to affix thumb mark only--Appellants had failed to place on record any other deed on which he has affixed his signatures instead of thumb mark--Appellants had failed to establish valid execution of agreement to sell, payment of earnest money--Appellant were held not entitled to the discretionary relief under Section 12 of Act 1 JUDGMENT By filing Regular Second Appeal, the appellants have assailed the concurrent judgments dated 28.01.2010 and 01.12.2010 passed by learned Civil Judge Ist Class, Multan and learned Additional District Judge, Multan respectively, by which suit of the appellants for…

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