Law: Specific Relief Act, 1877

Section: 12,29

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

Section: 17,79

Specific Relief Act (I of 1877)---Ss. 12 29---Qanun-e-Shahadat (10 of 1984), Arts. 17 79---Suit for specific performance of oral agreement to sell---Proof---Failure to produce witnesses---Appellant/plaintiff claimed to have entered into oral agreement for purchase of plot with respondent/defendant and stated to have paid earnest money through banking channels---Trial Court declined to decree specific performance of oral agreement and instead passed decree for return of money received by respondent/defendant---Validity---Defendant in his cross-examination flatly denied his signatures on receipt in confirmation of sale agreement and also denied his signatures on terms of agreement---Such receipts did not fall within the description of a writing recording financial or future obligations per Art. 17 of Qanun-e-Shahadat, 1984---Execution of such receipts after denial by defendant had to be proved but none of the witnesses to those receipts were produced nor any reason given as to why they were not---Discounting the receipts from consideration, appellant/plaintiffs stance carried no more weight than the defendants that payments made were towards pre-advance---Oral agreement had to be proved with sufficient certainty and plaint must specify witnesses and circumstances under which oral agreement was made---As such it was not only for existence of the agreement but also for its terms and conditions---High Court maintained findings of Trial Court but amended quantum of damages and decree was accordingly modified---Appeal was dismissed, in circumstances. Moiz Abbas v. Mrs. Latifa 2019 SCMR 74; 2019 SCMR 524; 2013 SCMR 1300; Raja Nasir Khan v. Abdul Sattar Khan and another PLD 1998 Lah. 20; Muhammad Ashiq Khan v. Muhammad Sharif and others 2016 SCMR 1248; Nirmala Anand v. Advent Corporation Pvt. Ltd. and others AIR 2002 SC 2290; Muhammad Hafeez Khan v. Globe Manufacturing Co. Ltd 1987 CLC 482; TERNI S.P.A. v. PECO (Pakistan Engineering Company) Ltd. 1992 SCMR 2238; Raja Muhammad Sadiq and 9 others v. WAPDA through Chairman, and 3 others PLD 2003 SC 290 and Messrs Farooq Brothers v. UBL and others, Shariat Petition No.30-L of 1991 ref. JUDGMENT: SARDAR EJAZ ISHAQ KHAN,…

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