Law:

Section:

(a) Specific Relief Act (I of 1877)-------S. 12---Qanun-e-Shahadat (10 of 1984), Art. 117---Suit for specific performance of agreement to sell immovable property---Defendant alleging transaction between parties to be for 'lease' of land and not 'sale'---Burden of proof---Burden would lie on plaintiff to prove that such transaction was an agreement to sell---Great caution would be taken before accepting evidence of oral agreement to transfer title in immovable property. (b) Specific Relief Act (I of 1877)--- ----S. 12---Qanun-e-Shahadat (10 of 1984), Art. 117---Limitation Act (IX of 1908), Art. 113---Suit for specific performance of oral agreement to sell land---Defendant alleging transaction entered between parties in year 1973 to be for lease of land and not its sale---Proof---Burden would lie on plaintiff to prove that such transaction was an agreement to sell---Plaintiff filed suit in year 1982 after receipt of notice from Revenue Court issued on defendant's application seeking eviction of plaintiff from suit land---Plaintiff was enjoying peaceful possession of suit land since year 1974---Limitation for filing such suit would run from date on which defendant had refused to perform his part of contract---Defendant had purchased suit land in year 1973/74 for Rs.11,000--Plaintiff had paid Rs. 10,400 to defendant out of total sale consideration of Rs.14,000---Defendant had admitted receipt of Rs.9,400 through cheque---Receipt of Rs.10,400 by defendant from plaintiff, if accepted, would make implausible that, plaintiff would have paid such amount as rent for suit land valuing Rs.11,000---All such would show that oral evidence produced by plaintiff to establish agreement to sell had received corroboration from other circumstances of case---Defendant had failed to establish that suit land had been leased out to plaintiff---Suit was decreed in circumstances. Abdur Rashid Awan, Advocate Supreme Court for Appellant. Raja M. Ibrahim Satti, Senior Advocate Supreme Court for Respondent. Date of hearing: 29th October, 2010. JUDGMENT NASIR-UL-MULK, J.---The dispute between the parties is over a piece of land, measuring 13 acres, situated in Taluka Digri, District…

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