Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss. 12 & 54---Qanun-e-Shahadat (10 of 1984), Art. 59---Suit for specific performance of agreement to sell---Opinion of expert---After deposition of marginal witnesses defendant could file an application for comparison of his signatures or thumb impressions to handwriting expert but he failed to do so---Execution of agreement to sell land was proved along with receipt of Rs.7,50,000---Defendant was not owner of land measuring 92 kanals 2 marlas---Agreement was only operative against the defendant to the extent of land measuring 58 kanals 6 marlas---Plaintiffs did not claim that in case it was proved that defendant was not the owner of land measuring 92 kanals 2 marlas, he would be liable to reduce the price equal to his share, hence, the plaintiffs were not entitled for any reduction of agreed price---Appeal was party allowed by High Court reducing the land of defendant to extent of 58 kanal 6 marlas while other terms of the impugned decree would remain the same. JUDGMENT MUHAMMAD KHALID MEHMOOD KHAN, J.---The respondents filed a suit for specific performance of an agreement and possession against the appellant asserting that the appellant entered into an agreement to sell with the respondents on 13-9-2005 regarding property measuring 92 kanals, 2 marlas detailed in plaint against consideration of Rs.37,03,350. The respondents received Rs.7,50,000 as earnest money and balance amount of Rs.29,53,350 was payable at the time of execution of sale-deed. It is further asserted that the father of appellant has gifted the property to appellant vide mutation of Gift No.294 attested on 25-7-1997. After the death of father of respondents Wazir Ali, one Ghulam Muhammad and Muhammad Yousaf filed an application for correction of Revenue Record claiming that Khasra No.671 mentioned in the gift mutation is in fact Khasra No.767. The Revenue Authorities allowed the application for correction and mutation of correction No.392 was attested on 16-8-2001 but wrongly the said mutation was attested in favour of Wazir Ali. The appellant contested the suit, denied the execution of agreement to sell, receipt of earnest money and set up a defence…

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