Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)-- ---Arts. 17 & 79---Execution of document---Proof---Essentials---Document creating financial liability has to be attested by two witnesses---In order to prove such document plaintiff has to call at least two attesting witnesses and if the document is not proved in accordance with law it has to be excluded from consideration. (b) Qanun-e-Shahadat (10 of 1984)-- ----Arts. 17 & 79---Execution of document---Proof---Loss of original document having not been proved and permission for leading secondary evidence having not been obtained, copy of the original document was not admissible in evidence. Niamatullah Shah v. Farmanullah and another 1980 SCMR 953: Muhammad Afzal v. Abdul Karim and others 1984 CLC. 1406 and Rana Muzaffar Ali Khan v. Khalid Mahmood and others 1991 MLD 1742 ref. (c) Contract Act (IX of 1872)--- ----S. 25---Void agreement---Agreement without consideration is void. Lal Hussain alias Lal v. Bagga 1983 CLC 657; Abdul Karim Jaffarani v. I )nitcd Bank Ltd. and 2 others 1984 SCMR 568; Haji Abdullah Halepota v. Allied Bank of Pakistan Ltd. 1990 MLD 532; Syed Oamar Ahmad and another v. Anjum Zafar and others 1994 SCMR 65; The State v. Habibur Rehman and ~â-žâ-ž.,. -., 1983 SC 286 and Sikandar Hayat v. Fazal Karim PLD 1871 SC 730 ref. (d) Specific Relief Act (I of 1877)--- ----S. 12---Suit for specific performance of agreement---Relief under S.12, Specific Relief Act, 1877 is in the discretion of the Court---Where the plaintiffs (landlords) were proved to be exploiting the defendants Court would be justified to exercise discretion against the plaintiffs and refuse specific performance. Raja Shri Prakash Singh v- The Allahabad Bank Ltd. AIR 1929 PC 19: Khurshid Ali and others v. Abdur Rauf and others PLD 1990 Lahore 211; Mir Hashmat Ali v. Birendra Kumur Ghosh PLD 1965 Dacca 56; Sakinabai v. Kurnool Muhammad Bashir PLD .1967 Kar. 158; Ramalinga v. Jagadammal AIR (33) 1951 Mad. 612 and Kunju Muhammad v. Goverdhan AIR 1956 Trav. Co. 93 (V.43, C.35 Feb. ref. JUDGMENT IHSAN-UL-HAQ CHAUDHRY, J.-- The respondents filed a suit for specific performance of agreement to sell dated 9-5-198" against `the appellants. The…

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