| Citation(s) |
|---|
| 1995 SLG 753 1995 SLD 753 , 1995 PLD 381 |
Supreme Court of Pakistan
Civil Appeal No. 193 of 1991, decided on 13th March, 1995. (On appeal from the judgment/order, dated 23-2-1991 of the Lahore High Court, Lahore passed in R.SA. No.80 of 1989).
Presented By: Present: Muhammad Afzal Zullah, CJ., Wali Muhammad Khan and Saiduzzaman Siddiqui, JJ
Aabid Hassan Minto, Advocate Supreme Court and Mahmood A Qureshi, Advocate-on-Record (absent) for Appellants. Sh. Zia Ullah, Advocate Supreme. Court and Rana M. A. Qadri Advocate-on-Record (absent) for
Respondents.
Civil Appeal No. 193 of 1991, decided on 13th March, 1995. (On appeal from the judgment/order, dated 23-2-1991 of the Lahore High Court, Lahore passed in R.SA. No.80 of 1989).
Presented By: Present: Muhammad Afzal Zullah, CJ., Wali Muhammad Khan and Saiduzzaman Siddiqui, JJ
Aabid Hassan Minto, Advocate Supreme Court and Mahmood A Qureshi, Advocate-on-Record (absent) for Appellants. Sh. Zia Ullah, Advocate Supreme. Court and Rana M. A. Qadri Advocate-on-Record (absent) for
Respondents.
HAMID QAYYUM and 2 others---Appellants
VERSUS
MUHAMMAD AZEEM through Legal Heirs and another---Respondents
Law: Specific Relief Act (I of 1877)
Section: 12
Law: Qanun-e-Shahadat (10 of 1984)
Section:
Per Wall Muhammad Khan, J.; Muhammad Afzal Zullah, CJ. disagreeing--- Specific Relief Act (I of 1877)--- ----(. 12---Constitution of Pakistan (1973), Art.185(3)---Suits for specific performance of agreement to sell property---Concurrent findings of all the three Courts below supported by substantial evidence---Valuable property being involved and there being wild allegation of forgery, leave to appeal was granted by Supreme Court for re-examination and re-appraisal of the evidence produced in the case. Qanun-e-Shahadat (10 of 1984)--. ----Art. 78---Evidence Act (I of 1872), S.67---Specific Relief Act (I of 1877); S.12---Suit for specific performance of agreement to sell property---Disputed signatures---Plaintiff is required to prove the signatures of the executant of the agreement. (c). Qanun-e-Shahadat (10 of 1984)--- ----Art. 59---Specific Relief Act (I of 1877), S.12---Constitution of Pakistan (1973), Art. 185---Appeal to Supreme Court---Suit for specific performance of agreement to sell property---Allegation of forged signatures of executant on agreement to sell and other connected documents---Handwriting Expert's opinion and concurrent findings of all the three Courts below was that signatures were not forged---Valuable property being involved in the case and there being wild allegations of fraud, Supreme Court made an exercise of comparison of the signatures of the executant with the help of magnifying glass and found the reasonings advanced by the expert quite plausible and convincing---Concurrent finding of fact of the three lower forums regarding the genuineness of the agreement to sell also did not suffer from any legal infirmity, misreading or non-reading of evidence---Supreme Court declined interference in appeal. Ali Ahmed v. The State PLD 1962 SC 102 ref. Qanun-e-Shahadat (10 of 1984)-- ----Art. 59---Handwriting Expert, opinion of---Evidentiary value---Opinion of Handwriting Expert supported by reasons deserves preference if the opinion is in accord with the direct evidence. Per Saiduzzaman Siddiqui, J. agreeing with Wali Muhammad Khan, J.--- Qanun-e-Shahadat (10 of 1984) ----Art. 59---Disputed handwriting or signatures of a…