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

Section: 129(g), 17, 79

Law: Specific Relief Act, 1877

Section: 12

(a)    Qanun-e-Shahadat (10 of 1984)-------Arts. 17 & 79---Specific Relief Act (I of 1877), S. 12---Suit for specific performance of agreement to sell---Agreement written on a simple / insufficiently stamped paper---Proof---Petitioner( subsequent /bona fide purchaser) assailed decree concurrently passed---Contentionof the petitioner was that the subject matter agreement to sell was on a simple paper was insufficiently stamped paper--Validity---It is not mandatory that an agreement to sell be written or printed on a stamp paper as the law fully acknowledges even an oral agreement; in case of nonappearance of attesting witnesses to an agreement to sell, the contents and existence of said document cannot be proved in terms of Art. 17 and Art. 79 of the Qanun-eShahadat, 1984, which is mandatory---Record revealed that respondent/plaintiff appeared as witness and produced (got exhibited) subject matter agreement to sell and deposed that three persons signed the document as marginal witnesses--Respondent /Plaintiff also deposed that his son was scribe of the subject matter agreement to sell---Attesting witnesses as well as the scribe appeared as three witnesses of the plaintiff whose examination-in-chief was found consistent, and during cross-examination, the petitioner failed to impeach or discredit the testimony of said witnesses---Therefore, through oral evidence and by producing scribe and marginal witnesses the plaintiff /respondent discharged his onus as to existence and contents of the subject matter agreement to sell---Attack on the subject matter agreement to sell by the petitioner that it had no sanctity in the eyes of law was also ill-foundedly premised---In the present case, at maximum, the subject matter agreement to sell was on a simple paper or insufficiently stamped paper---Under the law a contract can be in writing or oral and oral agreement would be valid and enforceable just like a written agreement provided it fulfills the requirements of valid agreement---Therefore, the argument of the petitioner was meritless---Impugned judgments and decrees did not warrant any interference, in circumstances---Revision was dismissed, in…

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