Law:

Section:

(a) Specific Relief Act (I of 1877)-------S. 12---Suit for specific performance of agreement to sell---Defendant denied execution of any such agreement, but admitted her signatures on the document and money received---Plea raised by defendant was that her signatures were obtained on a blank paper while the amount was received as a loan---Trial Court decreed the suit and such findings were affirmed by Lower Appellate Court---Validity---No convincing and reliable evidence was brought on record to show that document was indeed for some other purpose than agreement to sell---Where the deposition of the scribe of document remained un shaken and other evidence of plaintiff was confidence inspiring, findings of two Courts below were justified and warranted no interference. [pp. 932, 9331 A & C Muhammad Yaqoob and others v. Naseer Hussain and others PLD 1995 Lah. 395; Ghulam Nabi v. Muhammad Yusuf and 2 others 1993 CLC 314; Ghulam Hussain and 7 others v. Mehdi Hassan Khan and 6 others PLD 1993 Lah- 303; Muhammad Zairian Khan v. Sher Afzal Khan and 8 others PLD 1984 SC (A1&Kl 138; Maulvi Abdullah and others v. Abdul Aziz and others 1987 SCMR 1403 and The Allied Bank of Pakistan Ltd., Karachi v. Messrs Karomax Industries and 3 others OLD 1976 Kar. 983 ref. (b) Specific Relief Act (I of 1877)--- ` ----S. 22---Specific performance of contract of sale of immovable property-- Inadequacy of consideration money could not vitiate the transaction. Ali Muhammad Khan v. Riazuddin Khera PLD 1981 Kar. 170 ref. (c) Muhammadan law--- ---- Oral gift---Proof---Gift could be made orally but the same was to be established through clear and convincing evidence under S.129, Transfer of Property Act, 1882---Transfer of Property Act (IV of 1882), S.129. (d) Civil Procedure Code (V of 1908)--- --S. 115---Revision---Concurrent findings recorded by both the Courts below---Scope of interference in revision---Where such findings were duly borne out from the evidence on record, no exception could be taken to the conclusions and s of both the Courts below---Concurrent findings of two Courts below were not upset in circumstances. JUDGMENT Judgment of the learned Additional District Judge,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492