| Citation(s) |
|---|
| 2026 SLD 3251 |
C.R. No.562-D of 2015
Presented By: (RASAAL HASAN SYED) JUDGE
Date of hearing 23.6.2026 Petitioners by Mehar Irshad Ahmad Arain, Advocate.
Respondent by M/s. Ch. Ehsan Ullah Khan and Malik Yahya Mumtaz, Advocates.
Hanifan Bibi and others v. Muhammad Tayyab
Law: Qanun-e-Shahadat Order, 1984
Section: 17, 79, 81
Law: Specific Relief Act, 1877
Section:
Tagline
An agreement to sell involving financial and future obligations must be proved through two attesting witnesses under Articles 17 and 79 of the Qanun-e-Shahadat Order, 1984; failure to do so defeats a suit for specific performance.
Summary
The respondent filed a suit for specific performance of an agreement to sell dated 12.08.2004, alleging that the deceased owner, Ali Muhammad, had agreed to sell the suit property for Rs.150,000, received Rs.75,000 as earnest money and later Rs.40,000, leaving Rs.35,000 payable at the time of execution of the sale deed.
The legal heirs of Ali Muhammad denied the execution of the agreement, receipt of any consideration, delivery of possession, and asserted that the agreement had been fabricated after Ali Muhammad's death.