Law: Specific Relief Act, 1877

Section: 22,42

(a) Specific Relief Act (I of 1877)--- ----Ss. 22, 42---Oral agreement to sell---Specific performance---Petitioner claimed in plaint that he purchased the suit land and in total consideration of Rs. 12,00,000/- paid Rs.600,000/- through cheque whereas it was decided that the respondent would execute the sale deed after incorporation of inheritance mutation and would receive the remaining amount---Respondent denied execution and stated in his written statement that he received the amount of Rs.600,000/- from the petitioner on account of lease payment as the petitioners were in possession of the suit land since long and were not paying any amount thereagainst---Petitioners suit was concurrently dismissed---Validity---Petitioners and respondents were admittedly cousins---Petitioners did not produce the cheque and Bank statement in the Court---Documents produced by petitioners could not be relied upon as valid evidence and such documents could not be taken into consideration---Admittedly, petitioners as lessees were cultivating the land owned by the respondents---Petitioner contradicted his own statement in examination-in-chief regarding the convening of Punchayat for resolving the controversy between the parties and regarding the consideration amount in alleged bargain---Petitioner did not prove any offer nor acceptance through any solid/concrete evidence---Petitioners failed to prove the execution of oral agreement to sell and did not mention time/place in the plaint which was deposed by him as witness---Concurrent findings were against the petitioner---Revision petition was dismissed accordingly. Mst. Hameeda Begum and others v. Mst. Irshad Begum and others 2007 SCMR 996; Mst. Akhtar Sultana v. Major Retd. Muzaffar Khan Malik through his legal heirs and others PLD 2021 SC 715; Muhammad Riaz and others v. Mst. Badshah Begum and others 2021 SCMR 695; Saddaruddin…

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