Case Details

Citation(s)
2023 SLG 1477 2023 CLC 812 2023 SLD 1477
Sindh High Court, Sukkur Bench
Civil Revisions Nos.124 and 125 of 2006, decided on 15thOctober, 2021.Dates of hearing: 25th January, 8th, 15thFebruary, 15th and 18th March, 2021.
Before Muhammad Faisal Kamal Alam, J
Kalandar Bakhsh M. Phulpoto for Applicants (in Civil Revision No.124 of 2006).A.M. Mobeen Khan for
Respondents Nos.1 to 8 (in Civil Revision No.124 of 2006).Nemo for
Respondent No.9 (in Civil Revision No.124 of 2006).Kalandar Bakhsh M. Phulpoto for

SAJJAD ALI and others----ApplicantsVersusABDUL HAMEED and others----Respondents

Law: Specific Relief Act, 1877

Section: 12

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

Section: 17,79

Specific Relief Act (I of 1877)--- ----S.12---Qanun-e-Shahadat (10 of 1984), Arts. 17 79---Suit for specific performance of agreement to sell---Sale consideration---Proof---Scribe of document---Status---Applicants/plaintiffs sought specific performance of agreement to sell regarding suit property in their favour---Suit and appeal were concurrently dismissed by two Courts below---Validity---Onus was on applicants/plaintiffs to prove sale transaction in respect of suit property, which they had failed to prove---Plea of applicants/plaintiffs that scribe of document was also witness to entire proceedings had no force---Mandatory requirement as envisaged in Arts.17 79 of Qanun-e-Shahadat, 1984, were not complied with--- No sale consideration was given as claimed by respondents/defendants, disproving claim of applicants/plaintiffs---Suit filed by applicants/plaintiffs for specific performance was a frivolous litigation and was also barred by limitation---High Court in exercise of revision jurisdiction declined to interfere in s and decrees passed by two Courts below as there was no material irregularity and illegality existed in of Lower Appellate Court---Revision was dismissed in circumstances. Sikandar Ali and 2 others v. Baddar-u-Din and 4 others 2019 CLC 1046; Muhammad Bashir v. Muhammad Sarwar and 2 others 2016 MLD 594; Muhammad Sher v. Maula Bakhsh 2014 CLC 1745; Muhammad Rafiq v. Muhammad Zahur Nasir and others PLD 1956 Lah. 354; Muhammad Sharif and another v. Malik Abdul Razzaq and others 2011 MLD 736; Dr. Major Abdul Ahad Khan through his Legal Representatives v. Muhammad Iqbal through his Legal Representatives PLD 1989 Kar. 102; Miss. Shama Ahsan v. Province of Sindh and 6 others PLD 1984 Kar. 195; Government of N.W.F.P. and others v. Akbar Shah and others 2010 SCMR 1408; Muhammad Sami v. Additional District Judge, Sargodha and 2 others 2007 SCMR 621; Farid Bakhsh v. Jind Wadda and others 2015 SCMR 1044; Farzand Ali and another v. Khuda Bakhsh and others PLD 2015 SC 187; Messrs Kuwait National Real Estate Company (Pvt.) Ltd. and others v. Messrs Educational Excellence Ltd. and another 2020 SCMR 171; Muhammad Yaqub v. Muhammad Nasrullah Khan and others PLD…
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