Law:

Section:

(a) Qanun e Shahadat (10 of 1984) Art. 2(1)(c) Statement of witness corroborating material assertions in plaint not challenged in cross examination Assertions in plaint would be deemed to be corroborated by evidence of such witness. (b) Qanun e Shahadat (10 of 1984) Art. 164 Statement contained in audio cassette Evidentiary value Such statement would be admissible in terms of Art.164, Qanun e Shahadat, 1984 ¬Where plaintiff had succeeded in proving his case through reliable evidence, statement recorded in audio cassette would be additional circumstance to lend support to his assertion. Zafar Iqbal v. Bashir Ahmad PLD 1988 SC 109 ref. (c) Transfer of Property Act (IV of 1882) S. 53 A Contract Act (IX of 1872), S.2(h) Agreement to sell incorporating specific terms Plaintiff's evidence relating to terms of such agreement not rebutted by defendant in his evidence Agreement to sell would be deemed to have been proved including the terms including therein Basic requirements of such agreement in terms of S.2, Contract Act, 1872 had been duly fulfilled Elements of offer of sale, acceptance of such offer and consideration were fully established by evidence on record and same was thus specifically enforceable in circumstances. (d) Transfer of Property Act (IV of 1882) S. 54 Mode of devolution of proprietary rights Contract/agreement for sale of immovable property in terms of S.54, Transfer of Property Act, 1882, was such agreement where sale of property would take place on terms and conditions settled between parties and such agreement would not by itself devolve. proprietary rights on promisee Sale of land was, thus, contingent upon grant of such rights. Ali Muhammad Khan v. Riazullah Khera PLD 1981 Kar. 170; Shamoon and others v. Ahmad and others 1986 SCMR 888;Muhammad Ramzan v. Mst. Yaqoob Begum and others PLD 1991 SC 277; Syed Kamal Shah v. Sherbaz Khan and others 1994 MLD 2334 and Shahabuddin and others v. Mst. Maryam Bibi and others 1995 MLD 45 ref. (e) Contract Act (IX of 1872) S. 188 Extent of attorney/agent's authority Special power of attorney executed in favour of plaintiff would clearly suggest that defendant had authorised plaintiff to act on his behalf as…

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