Law:

Section:

Specific Relief Act (I of 1877)-------Ss. 9 & 12---Plaintiff's suit for possession through specific performance of agreement was concurrently dismissed by Trial Court as well as Appellate Court on the ground that marginal witnesses had not been examined, as such agreement had not been proved---Plaintiff asserted that two marginal witnesses had died before recording evidence and as such it was incumbent upon the courts below to pass decree' ignoring the fact that two marginal witnesses were not examined---Validity---Plaintiff deposed in examination-in-chief that two marginal witnesses had died but their death certificates or other material had not been produced proving that said witnesses were not alive---Plaintiff admitted that he had not paid earnest money individually to the vendors according to their shares---Payment of Rs. 60,000 had not been proved and as per admission of the plaintiff that he had paid the amount to one of the vendors was sufficient to negate assertion of the plaintiff that all vendors had agreed to sell their shares in the disputed land---No special or general power-of-attorney in favour of said vendor had been produced---Plaintiff had failed to point out any misreading or non-reading in the s of courts below---Revision petition was dismissed under circumstances. Abdul Wali Khan through Legal heirs and others v. Muhammad Saleh 1998 SCMR 760 and Allah Dad and 3 others v. Dhuman Khan and 3 others 2005 SCMR 564 ref. Abdul Wali Khan through Legal heirs and others v. Muhammad Saleh 1998 SCMR 760 distinguished. Mian Sarfraz-ul-Hassan for Petitioner. Respondents ex parte. ORDER MUHAMMAD KHALID MEHMOOD KHAN, J.--- The petitioner filed a suit for possession through specific performance of an A agreement dated 15-4-1985 against respondents claiming that respondents have agreed to sell land measuring 100 Kanals detailed in para. 1 of the plaint as per Jamabandi 1985-86 situated at Mauza Malleke Taroo, Tehsil and District Pakpattan, against consideration of Rs.62,500 and he paid Rs.60,000 as earnest money to respondents. It was agreed between the parties that balance amount of Rs.2500 will be payable on 1-1-1987 at the time of registration of…

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