Law:

Section:

Specific Relief Act (I of 1877)-------S. 39---Qanun-e-Shahadat (10 of 1984), Art.17---Suit for cancellation of alleged agreement to sell--Suit was decreed but decree was set aside in appeal---Incorrect recording of evidence---Effect---Plaintiff's entire evidence was to the effect that alleged agreement had been fraudulently prepared and that plaintiff had never agreed to sell the disputed property to defendant therefore, the concluding sentence of plaintiff's testimony i.e. "it is right that an amount of Rs.20,000 have been received and property has been sold" could only be taken as an incorrect recording of plaintiff's evidence---Defendant failed to produce marginal witnesses to the agreement---Prima facie, case having been proved in favour of plaintiff impugned appellate decree was set aside and that of Trial Court was restored by High Court. Ch. Imtiaz Ahmad Kamboh for Petitioner. Syed Zahid Hussain Shah for Respondent. Date of hearing: 7th June, 2004. JUDGMENT JAWWAD S. KHAWAJA, J.---This revision petition filed by Talib Hussain petitioner/plaintiff impugns the appellate decree, dated 8-9-2003, whereby a suit filed by him seeking cancellation of alleged agreement to sell dated 12-7-1995 has been dismissed. 2. The facts of this case are simple. The case of the petitioner/plaintiff is that Siraj respondent/defendant was on friendly terms with him. Siraj had promised to obtain a loan for the 'petitioner for which purpose the petitioner had thumb-marked certain papers to enable Siraj respondent/defendant to obtain the Bank loan. It is further the petitioner's case that Siraj utilized the said thumb-marked papers for fabricating the aforesaid agreement dated 12-7-1995 (Exh.D. 1). 3. Upon coming to know of this fabrication, the petitioner/plaintiff filed the aforesaid suit. The suit was resisted by the respondent/ defendant. The learned trial Court framed issues on which the parties led evidence. 4. The learned trial Court, after considering the evidence on record, decreed the suit of the petitioner/plaintiff. It was observed by the Court that the two marginal witnesses to the agreement had not been examined to prove its execution. The respondent preferred an…

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