2021 C L C 42
MEHAR ALI----Petitioner
Versus
KARIM BAKHSH (DECEASED) through L.Rs. and others----Respondents
Specific Relief Act (I of 1877)---
----S.12---Qanun-e-Shahadat (10 of 1984), Arts. 78, 81 & 140---Specific performance of agreement to sell---Proof of sale--- Previous statement, failure to confront--- Admission, non-reliance of--- Plaintiff alleged that defendants received earnest money regarding suit land and had denied to conclude the agreement--- Defendants specifically denied receipt of any earnest money as well as execution of any agreement to sell---Trial Court decreed the suit in favour of plaintiff but Lower Appellate Court reversed the findings and dismissed the suit---Validity---Defendant was not confronted with alleged previous writing in terms of affidavit, forming part of document produced by plaintiff with alleged signatures of defendant who evasively responded that affidavit was admitted wherein execution of agreement and receipt of consideration were acknowledged as such the same was misconceived---Omission to confront defendant with contents of affidavit and alleged signatures thereupon was fatal in terms of Art.140 of Qanun-e-Shahadat, 1984--- Plaintiff failed to prove execution of agreement to sell in accordance with the mandate of Art.78 of Qanun-e-Shahadat, 1984 and no reliance could be placed on alleged affidavit, without confronting the same to defendant to allege any admission in terms of Art.81 of Qanun-e-Shahadat, 1984---Plaintiff could not bank upon alleged deficiencies regarding testimony of defendants or his failure to prove transaction of exchange when plaintiff failed to prove execution of agreement to sell---High Court in exercise of appellate jurisdiction declined to interfere in judgment and decree passed by Lower Appellate Court---Second appeal was dismissed, in circumstances.
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