| Citation(s) |
|---|
| 2010 SLG 2695 2010 SLD 2695 2010 SCMR 572 |
Supreme Court of Pakistan
Civil Appeal No.216 of 2002, decision dated: 16-11-2009
JAVED IQBAL, RAJA FAYYAZ AHMED AND MUHAMMAD SAIR ALI, JJ
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Civil Appeal No.216 of 2002, decision dated: 16-11-2009
JAVED IQBAL, RAJA FAYYAZ AHMED AND MUHAMMAD SAIR ALI, JJ
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KAZIM RAZA-
VS
. Mst. MOHSANA ZAREEN and another
Law:
Section:
Specific Relief Act (I of 1877)-------S. 12---Qanun-e-Shahadat (10 of 1984), Arts.17 & 79---Agreement to sell---Proof---Misreading and non-reading of evidence---Judgment and decree passed by Trial Court in favour of plaintiff was set aside by High Court---Validity---Plaintiff failed to show misreading and non-reading of evidence, overlooking of record or misapplication of law by High Court in pronouncing ---High Court thoroughly, painstakingly and analytically examined entire evidence including agreement to sell as well as power of attorney, for recording their 'well-reasoned ---Plaintiff was unable to answer that his witnesses appearing in Court failed to depose as to execution/signing of agreement by female owners---Witnesses of plaintiff in their examination-in-chief deposed that the agreement was signed and thumb-marked by attorney himself---Supreme Court did not find any ground nor any reason to interfere in passed by High Court---Appeal was dismissed. M.A. Zafar, Advocate Supreme Court for Appellant. Raja Abdur Rehman, Advocate Supreme Court for Respondent No.1. Respondent No.2: Ex parte. Date of hearing: 16th November, 2009. JUDGMENT MUHAMMAD SAIR ALI, J.--- Through this civil appeal, the appellant has challenged judgment and decree, dated 13-6-2002 passed by a learned Division Bench of Lahore High Court, Lahore, accepting respondents' R.F.A. No.94 of 1998 and reversing the judgment and decree passed by Civil Judge, Lahore, decreeing appellant's suit for specific performance of agreement dated 30-1-1998. 2. The appellant Kazim Raza in his suit dated 17-12-1998 claimed agreement to sell dated 31-1-1998 in his favour from Mst. Mohsana Zareen (respondent No.1), Mohsin Mehmood Ahmed (respondent No.2) and their mother Mst. Zohra Begum (since deceased), alleging execution of agreement by respondent No.2 as general attorney of his mother Mst. Zohra Begum (now deceased) and his sister (respondent No.1) for selling Property bearing No.SE-IV-43-S.2, Abdul Karim Road, Qila Gujar Singh, Lahore for the purported consideration of R.8,00,000. It was also pleaded that out of the above settled consideration an amount of Rs.7,50,000 was paid to the said ladies and the…
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