Law: Specific Relief Act, 1877

Section: 12

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

Section: 127

Specific Relief Act (I of 1877)--- ----S. 12---Suit for specific performance of agreement to sell---Transaction by an illiterate lady---Proof---Procedure---Contention of plaintiff was that defendant had executed agreement to sell in his favour---Suit was decreed by the Trial Court but Appellate Court dismissed the same---Validity---Executant of alleged agreement to sell being an illiterate lady, was privy to the document executed---Plaintiff was with her free will and volition and that she had independent advice of some male member---Contradictions in the deposition of witnesses produced by the plaintiff were on record which had been noted by the Appellate Court---Plaintiff had not attempted to get the alleged thumb-impression and signatures on agreement to sell verified from the expert/forensic laboratory---Adverse inference could be taken against the plaintiff and it could not be ruled out that he expectedadverse report---Impugned passed by the Appellate Court was correct analysis of evidence on record---Judgment passed by the Trial Court was based on mis-reading and non-reading of evidence---No error of law had been pointed out in the impugned passed by the Appellate Court---Revision was dismissed in circumstances. Arshad Khan v. Mst. Rasham Jan and others 2005 SCMR 1859; Taleh Bibi and others v. Mst. Maqsooda Bibi and others 1997 SCMR 459 and Mian Allah Ditta through L.Rs. v. Mst. Sakina Bibi and others 2013 SCMR 868 rel. THIS JUDGMENT DELIVERED BY: RASAAL HASAN SYED, J.--- This judgment will decide civil revision, which impugns the judgment and decree dated 08.4.2014 of the learned Addl. District Judge, Daska in consequence whereof the appeal was allowed, the judgment and decree of the learned trial court was set aside and suit of the petitioner was dismissed. 2. Brief facts from which this petition arises are that the petitioner filed a suit for specific performance of agreement to sell dated 24.4.2004, and for cancellation of mutation No. 918 dated 06.4.2006 in favour of respondent No. 2, inter alia claiming that the respondent No.1 allegedly agreed to sell land measuring 33 kanals 03 marlas, at Mauza Chhanga, Tehsil Daska, District Sialkot, in his…

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