Case Details

Citation(s)
1998 SLG 1356 1998 SLD 1356 1998 SCMR 592
Supreme Court of Pakistan
Civil Petition No. 1029/1, of 1996, decision dated: 20-05-1996
ABDUL HAFEEZ MEMON AND MUHAMMAD ILYAS, JJ

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MUHAMMAD SARWAR

VS

ZULFIQAR and others

Law:

Section:

Transfer of Property Act (IV of 1882)--S. 54---Qanun-e-Shahadat (10 of 1984), Art. 179---Specific Relief Act (I of 1877), S. 12---Constitution of Pakistan (1973), Art. 185(3)---Non-examination of attesting witnesses of agreement---Effect---Plaintiff's suit for specific performance of agreement to sell was dismissed by Trial Court, inter alia, on the ground that one of the attesting witnesses to sale was not examined by plaintiff---Order of Trial Court was affirmed in appeal and revision ---Validity--­Plaintiff claimed that suit filed by him was dismissed substantially on the ground that he has failed to examine one of attesting witnesses; that Supreme Court in another case had granted leave on that identical point whether it eras incumbent on plaintiff to examine witnesses attesting agreement to sell for the reason that agreement to sell was not perfect contract of sale, as such it did not require registration under S. 54, Transfer of Property Act, 1882---Leave to appeal was granted to consider the contention raised as also on account of leave having been granted on identical question of law involved in another case. C. P. No. 1368/L of 1993 rel. S.M. Tayyab, Senior Advocate Supreme Court instructed by Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 20th May, 1996. ORDER ABDUL HAFEEZ MEMON, J.---Through this petition the petitioner seeks leave to appeal against the order dated 14-11-1995 passed by the learned Lahore High Court, dismissing the Civil Revision No.2274 of…
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