Case Details

Citation(s)
1994 SLG 1112 1994 SLD 1112 1994 CLC 102
Lahore High Court
Civil Revision No. 338 of 1991, decided on 7th July, 1991
MUNIR A. SHAIKH, J
Islam Ali Qureshi for Petitioner

MUHAMMAD SADIQ

VS

IMAMUDDIN

Law:

Section:

(a) Transfer of Property Act (IV of 1882)-- ----S. 54---Qanun-e-Shahadat (10 of 1984), Art. 79---Agreement of sale---Proof of execution---Petitioner contended that two witnesses at least were required to be produced to prove execution of sale agreement whereas apart from scribe only one of the marginal witnesses was examined---Agreement to sell was not required to be attested by two witnesses, execution of agreement of sale, therefore, would stand proved when one out of two attending witnesses had been examined. (b) Qanun-e-Shahadat (10 of 1984)--- -----Arts. 72 & 79---Civil Procedure Code (V of 1908), S.115---Documentary evidence---Admissibility of---Petitioner contended that copies of forms regarding sanction of plan were not public documents and could not have been exhibited without formal proof---Held, no objection having been raised when such documents were tendered in evidence and exhibited, no objection could be allowed to be raised at later stage in revision. (c) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction---Exercise of---Concurrent findings of fact recorded by Courts below did not suffer from misreading, non-reading or misconstruction of evidence and Courts below had not been shown to have committed any material irregularity and illegality in exercise of jurisdiction vested in them---Such finding of Courts below could not be interfered with in revisional jurisdiction of High Court. ORDER In this revision petition concurrent finding of fact recorded by both the Courts below regarding execution of agreement of sale in dispute by the petitioner in favour of the respondent on the basis of which suit filed by the respondent for specific performance has been decreed, has been challenged. 2. Learned counsel for the petitioner argued that two witnesses at least according to Article 79 of the Qanun-e-Shahadat were required to be produced whereas in this case apart from scribe only one of the marginal witnesses was examined as such the execution of agreement of sale could not have been held to have been proved. 3. Article 79 of Qanun-e-Shahadat, 1984 is applicable where an instrument is required by law to be attested by two…
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