Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S. 12---Qanun-e-Shahadat (10 of 1984), Arts.17 & 79---Plaintiffs filed suit for specific performance of agreement to sell on the ground that they had paid an amount of Rs.63,438 as an earnest money in respect of the disputed property--Defendants contested suit and stated that they had not received any amount regarding the agreement to sell---Trial Court dismissed suit of the plaintiffs---Appeal filed by plaintiffs was allowed by Appellate Court and and decree of the Trial Court was set aside---Contention raised by the defendants was that signatures on the alleged agreement to sell were disguised on the basis of Patta to be executed and they had never signed it purporting same to be a sale agreement---Defendants further contended that the disputed document which contained fiscal matter was to be proved under Arts.17 and 79 of Qanun-e-Shahadat, 1984---Validity---Plaintiffs produced one of the attesting witnesses out of three; even the said witness in cross-examination contradicted the stance of the plaintiffs that payment of Rs.5000 was made to one of the defendants---One of the plaintiffs' witnesses stated in his cross-examination that no amount was given in his presence--In presence of only one witness produced by the plaintiffs, Appellate Court should have attended to such part of evidence before reversing the on this issue---Visible contradiction was over-looked by the Appellate Court while reversing finding of the Trial Court---High Court allowed revisional petition and set aside the and decree of the Appellate Court. Muhammad Amin v. Ghulam Muhammad, PLD 1993 Lah. 569; Mst. Sakina Bibi and another v. Muhammad Anwar alias Mujahid and others PLD 2007 Lah. 254; Muhammad Anwar Bedar and others v. Muhammad Aslam Pervez and others 1996 CLC 385 and Maqsood Ahmad and others v. Sultan Ali PLD 2003 SC 31 ref. Muhammad Amin v. Ghulam Muhammad PLD 1993 Lah. 569; Mst. Sakina Bibi and another v. Muhammad Anwar alias Mujahid and others PLD 2007 Lah. 254; PLD 1995 Lah. 395; 2002 SCMR 1089; 2002 CLC Lah. 88; PLD 2003 CLC Lah. 485 and PLD 2003 SC 31 rel. (b) Specific Relief Act (I of 1877)--- ----S. 12---Suit filed on the basis…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492