Law: Specific Relief Act, 1877

Section: 12

Law: Civil Procedure Code (V of 1908)

Section: 100

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

Section: 81

(a) Specific Relief Act (I of 1877)--- ----S. 12---Qanun-e-Shahadat (10 of 1984), Art. 81---Suit for specific performance of agreement to sell---Stamp vendor and petition writer having no licence---Effect---Bona fide purchaser--Scope----Statement of scribe---Evidentiary value---Admission made in the written statement---Scope---Contention of vendor (defendant) was that plaintiff did not pay remaining sale consideration till the date fixed and agreement to sell had been cancelled---Trial Court dismissed the suit but Appellate Court decreed the same---Validity---Vendor had sold the suit land prior to the date fixed for performance of agreement to sell---Vendor, in the present case, was at fault in circumstances---Stamp vendor produced register of entries but he was not cross-examined---Stamp vendor and petition writer were not having licence for petition writing but same was not fatal as it was not a condition/precedent---Sale of stamp paper as well as its writing on the date mentioned in it could not be shaken by the subsequent purchaser---Subsequent purchasers were bound to prove that they were bona fide purchasers for value without notice---Subsequent purchasers before purchase of suit land had not checked with the Patwari and had not confirmed the status of land in question---Subsequent purchasers had failed even to plead specifically with regard to being bona fide purchasers and did not plead that they purchased suit land in 'good faith'---Case not pleaded could not be proved through evidence---New case could not be set up through evidence---Scribe had certified the details of agreement between the parties and payment of consideration amount before him---Plaintiff could be benefited with this part of statement got recorded by the scribe being witness to the document (sale agreement)---One of the marginal witnesses to the agreement to sell had been examined whereas other witness had passed away during pendency of suit---Admission made in written statement could not be denied by any party---Appeal was dismissed in circumstances. Hafiz Tassaduq Hussain v. Lal Khatoon and others PLD 2011 SC 296; Muhammad Rafiq and others v. Muhammad Ali and others 2004 SCMR 704;…

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