Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)-------Arts. 72 & 119---Specific Relief Act (I of 1877), S.12--­Agreement ---Onus to prove---Specific performance of the agreement was sought by the plaintiff---Principal onus of proving execution of the agreement was upon the plaintiff and the evidence in that respect had to be strong, consistent and cogent. (b) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 72 & 119---Specific Relief Act (I of 1877), S,12---Agreement--­Onus to prove---Non-appearance of defendant in witness-box---Effect--­Where specific performance of the agreement was sought by the plaintiff, non-appearance of the defendant in the witness-box was of not much consequence, as the initial burden of proof was upon the plaintiff. 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. (c) Specific Relief Act (I of 1877)--- S' 12---Civil Procedure Code (V of 1908), S.115---Specific performance of agreement---Concurrent findings of fact by the Courts below---Effect---Scope of civil revision under S.115, C.P.C. being limited where concurrent findings of the Trial Court and the Appellate Court did not suffer from any misreading or non-reading of evidence, the same did not warrant interference in revisional jurisdiction as there was no illegality or material irregularity in the s passed by both the Courts below---Revision was dismissed in circumstances. 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 situate in Khewat No-98, Khatooni No.219, Mouza Pacca, Tehsil and District Bahawalpur under…

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