Suit for specific performance of agreement to sell

2019 Y L R 125

(a) Specific Relief Act (I of 1877)—
—-S. 12—Qanun-e-Shahadat (10 of 1984), Art.133—Suit for specific performance of agreement to sell—Scribe being witness to the
transaction—Evidentiary value of statement of scribe—Defendant purchased the stamp paper and had admitted his signatures thereupon—
Vendor had denied the purpose of stamp paper as well as contents of agreement to sell—When a person had challenged some part of contents of
a document then onus would be upon that person to prove the allegations pleaded by him—Oral evidence was not sufficient against
documentary evidence—Stamp paper was issued for an agreement on behalf of defendant in favour of plaintiff—Plaintiff was in possession of
the suit property—Remaining sale consideration had been paid in the Trial Court—Scribe could not be considered as an attesting witness—
Alleged agreement and transaction took place in presence of scribe in the present case—Scribe was witness to the transaction and his statement
could be relied upon—Major portion of statement of witnesses of plaintiff had not been cross-examined—If any portion of statement of witness
was not cross-examined then same would be presumed to have been admitted by the other side—Defendant filed a suit for declaration to
challenge the validity and legality of alleged agreement of sale but same was withdrawn subsequently—Defendant had not appended the
documents produced before the Trial Court—Revision petition was defective in circumstances—No mis-reading or non-reading of evidence had
been pointed out in the impugned judgments passed by the Courts below—Revision was dismissed in circumstances

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