Law: Specific Relief Act, 1877

Section: 12

Specific Relief Act (I of 1877)--- ----S. 12---Suit for specific performance---Trial Court and appellate court dismissed the suit---Validity---Plaintiff could not produce evidence of payment to defendant who was seventy years old and not accompanied by his sons at the time of the payment---Scribe and the stamp-vendor were not produced either---Plaintiff being beneficiary of the document, was obliged to produce the, hand-writing expert orpetition-writer---Material discrepancies were found in the statements of witnesses produced by plaintiff---Alleged agreement to sell in favour of plaintiff was a forged and fabricated document---Appeal was dismissed by High Court, in circum stances. THIS JUDGMENT DELIVERED BY: MUHAMMAD NASEEM AKHTAR KIIAN, JUSTICE:---.--- This regular second appeal has been tiled against the concurrent findings of the learned Civil Judge and that of the learned Additional District Judge, Khanpur. 2. Succinctly, the brief facts necessary for the disposal of this R.S.A are that Mushtaq Ahmad, hereinafter called the appellant/plaintiff, filed a suit for specific performance of contract regarding the suit property against Amjad Ali etc., hereinafter called the respondents/defendants. 3. It was averred in the suit that Mushtaq Ahmad appellant/plaintiff and Ghulam Qadir predecessor-ill-interest of the respondents are nephew and uncle inter se and that time predecessor-in-interest of the respondents is the father-in-law of brother of the appellant; that during the pendency of suit Giuliani Qadir predecessor-in- interest of the respondent died and then the respondents were impleaded as party in the suit being legal heirs; that Ghulam Qadir, the predecessor-in-interest of the respondents agreed to sell his land measuring 54 Kanals 8 Marlas for a consideration of Rs.6,00,000 (Rupees Six Lacs) and after receiving earnest money amounting to Rs.5,50,000, the said predecessor of the respondents executed an 'Iqrarnama' in favour of the appellant on 28-10-1997. As per appellant, it was settled that the remaining amount of Rs.50,000 was to be paid to the said predecessor, at the time of transfer of title of the suit property in favour of the appellant/plaintiff;…

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