Law: Specific Relief Act, 1877

Section: 12

Law: Transfer of Property Act, 1882

Section: 54

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

Section: 17(2),79,80

(a) Specific Relief Act (I of 1877)-- ----S. 12---Qanun-e-Shahadat (10 of 1984), Arts. 17 (2), 79 & 80---Transfer of Property Act (IV of 1882), S. 54---Suit for specific performance of contract---Agreement to sell---Requirements---Evidence of scribe, marginal witness and Expert opinion---Value---Plaintiff examined only one out of three marginal witnesses of agreement to sell---Contention of plaintiff was that one of the marginal witnesses had settled abroad while other had been won-over by the rival party---Suit was decreed concurrently---Validity---Agreement to sell immovable property was a contract enforceable by law, however, such agreement did not itself create interest, right or title in the suit property such being a document of financial liability was to be attested by two male or one male and two female witnesses---Execution of agreement to sell could only be proved in accordance with mode provided under Art. 79 of Qanun-e-Shahadat, 1984---Agreement to sell could not be proved until and unless two marginal witnesses of the same had been examined---Only one marginal witness of agreement to sell had been examined by the plaintiff in the present case; proper course for the plaintiff was to prove the signatures of a witness who was not available through a person familiar therewith---Requirements of Art. 80 of Qanun-e-Shahadat, 1984 were not complied with in the present case---Agreement to sell was not signed by the scribe and no consideration was paid before him---Scribe or anyone who did not put his signatures as marginal witness on the document required to be attested could not be considered as such---Report of Expert was a weak type of evidence and was not of conclusive nature---Expert's testimony recorded could not be treated as substitute of available direct evidence---Statement of Scribe, report of Expert and deed of power of attorney could only be treated as corroborative evidence but it could not be considered as substitute of required number of attesting witnesses---Admission made on behalf of defendant could not be applied to co-defendant---Agreement was to be proved in accordance with Art. 79 of Qanun-e-Shahadat, 1984; provision of Art. 79…

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