Law:

Section:

Qanun-e-Shahadat (10 of 1984) --- ----Art. 72---Specific Relief Act (I of 1877), S.12---Execution of document---Proof---Admitting thumb impression---Effect---Plaintiff sought specific performance of agreement to sell suit property against his father---Defendant did not deny his thumb impression on agreement in question but denied its contents---Contention of defendant was that plaintiff being his son obtained his signatures on a blank paper on the pretext of compounding encroachment on the property with concerned authorities---Trial Court decreed the suit in favour of plaintiff but High Court, in exercise of appellate jurisdiction, dismissed the suit---Validity---Admission of vendor of his thumb-impression on agreement to sell was not sufficient to prove its execution and contents---Document purporting to create a right in property must be proved to have been actually executed by the person who allegedly executed such document---Defendant was an illiterate person and without being aware of contents of document put his thumb impression on it at the instance of his son in good faith with the understanding that it was compound deed---Admission of defendant of his thumb impression on agreement in question, would not ipso facto prove its contents to raise presumption of it being a genuine document to have legal force---High Court had rightly held that agreement to sell was not proved to have been executed by defendant and Supreme Court declined to differ with conclusion drawn by High Court---Plaintiff failed to satisfy Supreme Court that on the basis of evidence brought on record, equitable relief of specific performance could be granted to him---Plaintiff also failed to establish that findings arrived at by High Court were suffering from any misreading or non-reading of evidence or there was any other legal defect in the judgment calling for interference of Supreme Court---Appeal was dismissed. JUDGMENT MUHAMMAD NAWAZ ABBASI, J. --- This direct appeal has been preferred against the judgment, dated 14-1-2002 passed by a learned Division Bench of Lahore High Court, Lahore in a R.F.A. arising out of a suit for specific performance of the contract. 2. The brief facts…

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