Law:

Section:

Qanun-e-Shahadat (10 of 1984)-------Arts. 17(2)(a) & 79---Constitution of Pakistan (1973), Art. 185(3)---Agreement to sell---Proof---Non-production of two marginal witnesses in evidence---Agreement was not considered by Courts below---Plea of petitioner was that agreement was executed long before promulgation of Qanun-e-Shahadat, 1984; and that two marginal witnesses were dead, whereas 3rd witness had shifted to Karachi and was not available for recording evidence---Supreme Court granted leave to appeal to consider, inter alia, such questions of law of public importance. Sheikh Naveed Shehryar, Advocate Supreme Court for Petitioners. M. Aslam Riaz, Advocate Supreme Court for Respondent No.1. Nemo for Respondents Nos.2 to 4. Date of hearing: 26th August, 2004. ORDER RANA BHAGWANDAS, J.--- Petitioners seek leave to appeal against Lahore High Court judgment, dated 27-8-2002 passed in Civil Revision No.6 of 1997 dismissing the same and upholding the Appellate Court judgment whereby the suit for declaration and permanent injunction filed by Muhammad Ramzan (predecessor-in-interest) was dismissed. 2. Muhammad Ramzan filed a suit for declaration challenging the validity of agreement to sell in respect of property in suit in favour of respondent Abdul Latif, by District Housing Officer, Faisalabad (respondent No.3 herein) and sought permanent injunction against respondents from interfering with his possession over the suit property in pursuance of agreement of sale dated 10-5-1972 executed by respondent No.1 agreeing to sell the property in suit in his favour. 3. Conversely Abdul Latif, respondent, filed a suit for declaration as owner in possession of the plot in suit on the basis of sale agreement dated 19-10-1987 executed by respondent No.4 i.e. Secretary, District Housing Committee, Faisalabad. He claimed that he had paid entire dues and raised construction on the plot. He also prayed for a permanent injunction against Muhammad Ramzan from dispossessing him from the plot in suit, in connivance with the staff of official respondents. 4. Both the suits were consolidated and as many as 12 issues were framed. Both the parties adduced evidence: Upon consideration of…

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