Law:

Section:

(a) Evidence Act (I of 1872), S. 114-Presumpti,m-Document bearing a particular date-No conclusive presumption can be drawn as to its execution on that particular date. (b) Constitution of Pakistan (1962), Art. 58(3)-Issue clearly raised and evidence led on question agitated-Courts of fact deciding on evidence that certain document was ante-dated-Contention that lower Courts were wrong in taking such view-Courts of fact, held, committed no illegality in arriving at decision, in circumstances. (c) Constitution of Pakistan (1962), Art. 58(3)-Contention that finding of Courts below on question of fact even though concurrent yet, being based on misreading of evidence, merited interference by Supreme Court-No evidence being annexed to or quoted in petition for special leave, Court, held, not in position to discover any such misreading from mere perusal of s. (d) Burden of proof-Contention that onus of proof was mis­placed on petitioner-Evidence having been led by both parties, question, held, retains no importance-Constitution of Pakistan (1962), Art. 58(3). (e) Proof-Petitioner failing to establish his own case-Cannot succeed on weakness of defendants. D. C. Bhattacherjee, Senior Advocate Supreme Court instructed by Arninul Huq, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing : 15th June 1970. JUDGMENT HAMOODUR RAHMAN, C. J.-The petitioner brought a suit for specific performance of a contract of sale alleging that one Mst. Tamina Bibi, the predecessor-in-interest of the present respondents, had on the 14th of August 1963, entered into an agreement to sell to him the suit lands, measuring 5.84 acres, for a consideration of Rs. 3,500. After the execution of this agreement, the said Tamina Bibi fell seriously ill in the house of her son's father-in-law at Balakhal. As her condition was getting precarious, her son was sent to the petitioner with a request to make arrangements for immediate execution of the deed of sale in fulfilment of the agreement earlier entered into. The petitioner not being in a position to immediately procure the entire consideration money requested the said Tamina Bibi's son to purchase a stamp paper of Rs. 1-8-0 and to…

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