Law: Specific Relief Act, 1877

Section: 12

(a) Specific Relief Act (I of 1877)--S.12---Suit for specific performance---Oral agreement---Burden of proof---Un-natural conduct---Scope---Plaintiff filed suit for specific performance of oral agreement to sell---Validity---Date and time of the agreement were not mentioned in the plaint and same were not stated during the examination as well---Suit land, according to plaint, was purchased by plaintiff and his father but the plaintiff had failed to state in his examination-in-chief that his father was also part of the transaction---Plaintiff’s witness could not support his claim in any manner---Plaintiff admitted that he had never seen the defendant---Remaining part of plaintiff’s statement was hearsay and he had contradicted the alleged amount of consideration---One of the plaintiff’s witnesses had failed to even state about complete particulars of agreement during his examination---Plaintiff had completely failed to produce confidence inspiring evidence which was inevitable to seek the specific performance of oral agreement was obliged, being the beneficiary of the transaction, to prove the same---Plaintiff had filed the suit after half a century of the alleged oral sale---Contents of the plaint and evidence of the plaintiff were highly implausible and against the natural conduct of the parties---No reason existed for not instituting suit for specific performance at relevant point of time---Delay of about five decades could not be attributed to anyone else but the plaintiff---Nothing was brought on record to show that the plaintiff ever made any overt act to keep the alleged oral agreement alive---Revision petition was dismissed. Akhtar Ali Khan and another v. Settlement Commissioner, Peshawar and 4 others 1989 SCMR 506; Muhammad Nawaz through L.Rs. v. Haji Muhammad Baran Khan through L.Rs. and others 2013 SCMR 1300; Tariq Javaid and 11 others v. Muhammad Sattar 2011 MLD 832; Karamdad v. Manzoor Ahmad and 2 others 2015 CLC 157; Noor Muhammad and others v. Mst. Rabia Bibi and others 2019 MLD 1286; Muhammad Waryam v. Rehmat Ali 2007 MLD 17; Sultan Khan v. Saddar-ud-Din 2018 CLC Note 37 and Bashir Ahmad and 21 others v. Shah Muhammad and another 2010 CLC 734…

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