Law:

Section:

Specific Relief Act (I of 1877)-------S. 12---Suit for specific performance of agreement of sale---Alleged executor of agreement had totally denied execution of agreement and receipt of any part of consideration as earnest money from the plaintiff/vendee and had explained that plaintiff who was his son got his thumb-impression on plain papers to settle the matter of encroachment challan and that he had never purchased stamp paper for the agreement--­Validity---Executor who denied execution of agreement was 100 years of age and no reason was brought on record as to why should a 100 years old man decide to sell his property and that too to his son at the fag end when he had another son and a wife---No thumb-impression of purchaser of stamp paper was found at the back of said document---Scribe of alleged agreement on his own showing had been convicted at least twice for forging agreements and he had not at all explained as to how he knew the executor---Valid execution of alleged agreement to sell, and receipt of any part of consideration as earnest money, having not been proved, Trial Court was not justified in decreeing the suit---Judgment and decree passed by Trial Court were set aside by High Court in appeal. Muhammad Sharif Chohan for Appellant. Muhammad Yaqoob Sabir for Respondents. Date of hearing: 14th January, 2002. JUDGMENT On 16-4-1984 respondent No.1 filed a suit against the appellants and respondent No.2. In the plaint it was stated that respondent No.2 is the owner of suit property measuring 200 sq. ft. bearing No.P.98 in Ward No.6, Chak No.212-RB, Faisalabad. Municipal limits and agreed to sell the same to respondent No.1 for a consideration of Rs.3,00,000. He received a sum of Rs.50,000 by way of earnest money and executed an agreement and a receipt on 16-8-1993. The balance amount of Rs.2,50,000 was to be paid by 15-4-1984 when the sale-deed was to be executed and registered; that the basement and ground floor was delivered to respondent No.1; that towards the end of March, 1984 respondent No.1 came to know that respondent No.2 had executed a power of attorney in favour of the appellants; that on 12-4-1984 it revealed that respondent No.2 had…

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