Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S. 12---Registration Act (XVI of 1908), Ss.49 & 60---Agreement of sale---Registration---Pardanasheen lady---Plaintiff filed suit for specific performance of sale agreement in respect of the disputed property against predecessor-in-interest of the defendants---Trial Court dismissed the suit of the plaintiff---Appeal filed against the and decree of the Trial Court was also dismissed by the Appellate Court---Contention of the plaintiff was that agreement of sale for all purposes was a registered document and carried a strong presumption of correctness under S.49 read with S.60 of the Registration Act, 1908 and until strong evidence was available on the record to rebut the presumption, the said document should occupy the field and should be deemed to be correct for all purposes---Validity---Agreement of sale even if it was a registered document, heavy burden lay upon the plaintiff to discharge the onus and prove the genuineness of the said transaction---Registered document had a sanctity to it and very strong evidence was required to challenge the genuineness of the said instrument---No evidence was available on the record to rebut the genuineness of the transaction but one thing which was very relevant was that predecessor-in-interest of the defendants was a Paradanashin lady and in case of Paradanashin lady, great care and caution should be adopted by the court---Evidence brought on the record was insufficient---Interest of justice demanded that in view of the plea taken by the defendants that their predecessor-in-interest was bed-ridden and never appeared before the Sub-Registrar, the evidence of the Sub-Registrar and the scribe was necessary---High Court accepted the revision petition and remanded the case accordingly. Rasool Bakhsh and another v. Muhammad Ramzan 2007 SCMR 85; Abdul Ghafoor and others v. Mst. Anwar Jehan Begum and others 2004 MLD 894; Muhammad Bashir and 6 others v. Muhammad Ashraf and 26 others 2004 CLC 1880; Lt. Muhammad Sohail Anjum Khan and others v. Abdul Rasheed Khan and others 2003 MLD 1095; Sheikh Muhammad Sharif Uppal v. Sheikh Akbar Hussain and others PLD 1990 Lah.229; Shahadat Khan and…

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