Law:

Section:

Specific Relief Act (I of 1877)------Ss. 12 & 55---Civil Procedure Code (V of 1908), O.X-Suit for specific performance of agreement to sell and grant of injunction---Examination of parties by the Court---In the face of the statements of the parties and their witnesses recorded by the Court, coupled with the documents produced in support thereof, the defendant was not in the city on the date the alleged sale agreement was executed between the plaintiff and the defendant---Attesting witnesses to the alleged sale-deed were also planted by the plaintiff---Sale agreement or the receipt, which was the subject-matter of the suit, was never signed by the defendant as the signatures appearing on both these documents, on a comparison with the admitted signatures of defendant were completely different---Plaintiff on the basis of the forged sale-deed had filed the suit and was not entitled to any of the reliefs claimed therein---Suit was dismissed accordingly. Nasrullah Siddiqui for Plaintiff. K.A. Wahab for Defendant. Date of hearing: 31st May, 2005. JUDGMENT AMIR HANI MUSLIM, J.--- The plaintiff has filed the present suit with the following prayers: "(1) To direct, defendant to perform his contract, provide all legal formalities for the transfer of the Shop No.7 situated at mezzanine of Gulf Way Shopping Mall, Block-8, K.D.A. Scheme-5, Clifton Road, Karachi, as per sale agreement, dated 19-10-2004, against which the defendant has already received Rs.8,00,000 (Rupees eight lacs only), and for the rest of the amount of Rs.15,00,000 the plaintiff is ready to pay as the defendant is bound to perform the contract. (2) Declare the plaintiff owner of the Shop No.7, situated at mezzanine of Gulf Way Shopping Mall, Block-8, K.D.A. Scheme-5, Clifton Road, Karachi. (3) Direct the defendant to pay the damages of Rs.45,00,000 (Rupees forty-five lacs) incurred by the plaintiff. (4) Permanently restrain the defendant, his men, representatives/ attorneys and all other persons causing, working under or for the defendant, from causing any sort of hindrance/interference in the business of the plaintiff, in the physical possession, through creating third party interest, in respect of…

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