Law: Specific Relief Act, 1877

Section: 12

Law: Qanun-e-Shahadat (10 of 1984)

Section: 15,17

Specific Relief Act (I of 1877)---S. 12---Qanun-e-Shahadat (10 of 1984), Arts.15 & 17---Suit for specific performance of agreement of sale---Suit was filed by the plaintiff on the basis of an agreement to sell land allegedly entered with defendant who was real sister of the plaintiff---Defendant denied to have entered into the transaction of sale with the plaintiff---Trial Court dismissed suit, but Appellate Court below reversed of the Trial Court and decreed the suit---High Court in revision filed by the defendant, set aside of Appellate Court---Validity---Only one marginal witness to the alleged agreement to sell who was produced by the plaintiff, did not 'support the claim of plaintiff regarding payment of sale consideration in his presence as was mentioned in the said agreement---Assertion of defendant that her signature on alleged agreement were obtained deceitfully, would be sufficiently supported by the evidence on record---Genuineness of agreement and the transaction of sale was not proved as per requirement of Arts.15 & 17 of Qanun-e-Shahadat, 1984---Relief of specific performance could not be granted, unless the execution of sale agreement as per requirement of law and payment of sale consideration in part or full was proved---Counsel for plaintiff had not been able to point out any material defect or legal infirmity in the under challenge---In the absence of any substantial error in the of High Court calling for interference of Supreme Court, appeal was dismissed. ORDER MUHAMMAD NAWAZ ABBASI, J.---This direct appeal has been filed against the judgment, dated 19-10-2005 passed by the Lahore High Court in civil revision arising out of the suit for specific performance of contract. 2. The suit was filed by the appellant on the basis of an agreement to sell, entered with the respondent his real sister in respect of the land measuring 15 Kanals of her share in the ancestral property for a consideration of Rs.1,05,000. The respondent contested the suit and without denying her signature on the agreement, denied to have entered into the transaction of sale. The learned trial Judge in the light of pleading of the parties and the evidence brought by…

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