-Agreement to sell immoveable property, authenticity of—Proof

2015 S C M R 1081
[Supreme Court of Pakistan]
Present: Amir Hani Muslim and Ijaz Ahmed Chaudhry, JJ
Syed HUSSAIN NAQVI and others—Appellants
versus
Mst. BEGUM ZAKARA CHATHA through LRs and others—Respondents

Vendee had produced the agreement to sell and the registered power of attorney in her favour—Scribe of said documents candidly stated that he wrote the agreement to sell on the instructions of the vendor in favour of vendee, in presence of the former; that the amount (sale consideration) was paid in his presence ; that general power of attorney was also scribed by him and the witness had signed the same in his presence—Person who had attested the agreement to sell and general power of attorney admitted that said documents were attested by him and vendor had signed in his presence—Scribe of documents and person who had attested the same were crossexamined at length but nothing favourable to the vendor could be brought on record—Vendor denied the execution of said documents but he never got his signatures verified by any hand writing expert—On the other hand, the vendee had applied for comparison of vendor’s signatures before the Trial
Court, but they could not be verified because the attendance of vendor could not be procured—Facts of the case established that vendor had agreed to sell the land to vendee and agreed amount of consideration was paid, possession was delivered and change of possession took place—Appeal filed by vendor was dismissed accordingly.

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