Law:

Section:

Specific Relief Act (I of 1877)-------S. 12---Suit tot specific performance of agreement of sale---Factum of contents of documents in question were denied but signatures thereon were admitted by defendants with assertion that stamp paper was purchased and was signed by the parties (when it was blank) for appointment of an arbitrator to settle existing dispute between the- parties and the same was handed over to-plaintiff who retained the same and got it scribed as an agreement of sale---Validity---Defendants did not complain against plaintiff for retaining the stamp paper for a long- time-Defendant's conduct and evidence produced by them was doubtful wherein they claimed that they had signed the blank stamp paper---Such evidence did not inspire confidence--Evidence brought by-­plaintiff was, however, consistent and confidence inspiring which successfully established his sound financial position on record and execution of agreement and delivery of possession of part of property in question, in part performance thereof, while stance of defendants was simple blowing hot and cold---Parties were close relatives and knew each other as business partner, and had confidence in each other as a result of which payment of cash (a substantial amount) was not an exceptional circumstance and-could legitimately be believed---Evidence on record proved agreement of sale to be genuine and valid---Plaintiffs on basis of evidence on record were, entitled to decree for specific performance of agreement of sale---Plaintiffs suit was decreed in circumstances. JUDGMENT TANVIR AHMAD KHAN, J.---This Regular First Appeal is directed against the judgment dated 22nd of December, 1991 passed by the Civil Judge Ist Class, Okara, whereby the suit for specific performance filed by the appellant/plaintiff was dismissed. 2. Facts briefly for the disposal of this appeal are that the appellant plaintiff on the basis of an agreement dated 13-12-1988 filed a suit for specific performance on Ist of September, 1990 with the averments that the respondents/defendants agreed to sell their property comprising land measuring 7 Kanals 15 Marlas 3 Sarsai including an Oil Mill Building, houses, shops and…

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