Law: Specific Relief Act, 1877

Section: 42,39,12,54

Law: Contract, Act, 1872

Section: 73

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

Section: 42,132

Specific Relief Act (I of 1877)--- ----Ss. 42, 39, 12, 8 54---Contract Act (IX of 1872), S. 73---Qanun-e-Shahadat (10 of 1984), Art. 132---Suit for declaration, cancellation, specific performance of contract, possession, injunction and damages---Witness not cross-examined---Scope---Plaintiff filed a suit for declaration, cancellation, specific performance of contract, possession, injunction and damages---Contention of plaintiff was that he purchased suit property from the defendant; that he paid certain charges for lease and connection; that the defendant was bound to deliver possession within three years; that the defendant demanded more than the settled amount and that the defendant sent cancellation letter to the plaintiff---Defendant admitted that the plaintiff had booked the suit property and the total sale consideration was also agreed as stated by the plaintiff in the plaint, however, stated that since the plaintiff had failed to pay additional charges, therefore, the allotment was cancelled---Validity---Defendant never appeared before the commissioner appointed to record the evidence---Defendant had admitted most of the averments of the plaintiff in his written statement---Entire evidence of the plaintiff had gone un-rebutted---Mere written statement had no meanings since it could not be treated as evidence at all---Evidence of the plaintiff would be deemed to have been admitted by the defendant---Suit was decreed as prayed. Mst. Nur Jehan Begum through Legal Representatives v. Syed Mujtaba Ali Naqvi 1991 SCMR 2300 and Hafiz Tassaduq Hussain v. Lal Khatoon and others PLD 2011 SC 296 rel. JUDGMENT NAZAR AKBAR, J.---The plaintiff on 30.09.2006 has filed this suit against the Defendants for Declaration, Cancellation, Specific Performance of Contract, Possession, Injunction and Damages. 2. Brief facts of the case are that the plaintiff is a doctor in U.K, whereas defendant No.1 is a builder having several projects under the name and style of Rufi Builders and Developers. The plaintiff contracted defendant No.1 for purchase of a bungalow in the project of Dream Land Homes bearing Bungalow Site No.B-29 measuring 200 sq. yards, B Tupe One Unit, Sector 39A and…

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