Law:

Section:

(a) Qannn-e-Shahadat (10 of 1984)-------Arts. 117 & 119---Burden of proof---Non-appearance, of defendant in witness-box---Effect---Where burden of proof was on the plaintiff, non­appearance of defendant in witness-box was not of much consequence. Abdul Ahad and others v. Roshan Din and 36 others PLD 1979 SC 890; Fazal Dad and others v. Jehandad and others 1991 CLC 1783; Riasat Ali v. Muhammad Jaffar Khan and 2 others 1991 SCMR 496 and Noorul Amin and another v. Muhammad Hashim and 27 others 1992 SCMR 1744 ref. (b) Qanun-e-Sbahadat (10 of 1984)--- ----Arts. 117 & 119---Specific Relief Act (I of 1877), S.12---Specific performance of agreement---Concurrent findings of fact by the Courts below---Burden of proof---Non-appearance of defendant in witness-box--­Both the Courts below concurrently found that disputed agreement was not executed by defendant hence suit as well as appeal were dismissed--­Contention of the plaintiff was that as the defendant did not appear in the witness-box, the s and decrees passed by the Courts below were illegal and against the facts---Validity---Where initial burden of proof was upon the plaintiff and he failed to discharge the same, non-appearance of the defendant was not material---Concurrent findings of both the Courts below did not suffer from any misreading or non-reading of evidence which could warrant interference in revisional jurisdiction. Mst. Sabiran Bi v. Ahmad Khan and another 2000 SCMR 847 ref. JUDGMENT This civil revision is directed against the judgment and decree, dated 6-3-1994 passed by the learned District Judge, Bahawalpur, by virtue of which, the appeal filed by the petitioner was dismissed and the judgment and decree, dated 23-9-1991 of the trial Court dismissing the suit for specific performance of the petitioner was upheld. 2. The facts are that Muhammad Anwar. Khan respondent No. 1 was allotted 150 acres comprised in Lot No.9 of the land situated in Khewat No.98, Khatooni No.219 Mouza Pacca, Tehsil and District Bahawalpur under 20 Years' Tubewell Scheme by the District Collector, Bahawalpur. The petitioner/plaintiff brought a suit on 10-9-1986 for specific performance of an agreement, dated 16-12-1981.…

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