Law: Specific Relief Act, 1877

Section: 12,54

Law: Specific Relief Act, 1877

Section: 12,54

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

Section: 72,117,120

(a) Specific Relief Act (I of 1877)-------Ss. 12 & 54---Suit for specific performance of agreement to sell and injunction---Pardahnashin lady---Sale agreement---Proof---Concurrent findings of fact by two courts below---Suit filed by plaintiff was concurrently decreed in his favour by Trial Court as well as by Lower Appellate Court---Plea raised by defendant was that sale agreement was not proved by plaintiff as she was a Pardahnashin lady---Validity---Cheques handed over to defendant were part payment of total sale consideration and the same were deposited by her into her account and through banking channel proceeds were deposited into her account---Payment of Rs.325,000/- through cheques stood proved by examination of bank witnesses and documents produced by them during the course of their deposition---Defendant was English knowing lady and was maintaining her bank account which she operated under her signature in English language---Plaintiffs proved that agreement to sell was executed by defendant after contents of the agreement were read over to her and brother of her husband was also present at the time of execution of the agreement---Defendant appeared before Notary Public who read over the contents of the agreement to her, thereafter she again put her signatures on the agreement and so did the plaintiff---Defendant was accompanied by brother of her husband and her son and in their presence the agreement was attested by Notary Public---Defendant might be a Pardahnashin lady but she had understood contents of the agreement which were read over to her and thereafter she put her signature on such document, which act was performed by her on two occasions---High Court declined to interfere in s and decrees passed by both the courts below as the same were unexceptional---Second appeal was dismissed in circumstances. Janat Bibi v. Sikandar Ali and others PLD 1990 SC 642; Mst. Fazal Jan v. Roshan Din and 2 others PLD 1990 SC 661; National Bank of Pakistan v. Mst. Hajra Bai PLD 1985 Kar. 431; Raj Bibi and others v. Province of Punjab through District Controller, Okara and 5 others 2001 SCMR 1591; Munir Hussain and 7 others v. Raja Mushtaq Ahmad PLD 2006 Lah.…

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