It is a settled principle of law that mere agreement does not create a title, unless it is acted upon either by its execUtant or by way of a decree from a competent Court of law.

 2022 SCMR 1857

It is a settled principle of law that mere agreement does not create a title, unless it is acted upon either by its execUtant or by way of a decree from a competent Court of law. It is a fact that the property has not been transferred to the respondent by the alleged executant of the agreement during his life time, therefore after his death, his property automatically devolved upon his legal heirs. Under such circumstances, the respondent cannot be considered as owner of the house in question on the basis of the unperformed agreement. Hencc, without gaining the status of an owner, the respondent cannot enter into any transaction in respect of the house in question. The subsequent agreement to sell arrived at between the respondents No.1 and 2 with regard to the house in question is therefore invalid, as such is unenforceable.

If a Court considers any document to be of thirty years or more old and presumes that the signature and every other part thereof, is in the handwriting of a particular person, even then, it must be taken into a consideration that whether the document so presumed, can legally be acted upon or can it create any right, title or interest?.

Article 100 of the Qanun-c-Shahadat Order 1984 describes parameters and condition for considering the evidentiary, value of thirty years old document. According to the said provisions of law, before arriving at any conclusion with regard to a presumption in respect of a document, the Court must sauSb itself about its originality, age, production from proper custody, unsuspicious character and other circumstances. The Court may make some presumption that the signature, handwriting and every other pad of such document, which purports to he in the handwriting of any particular person, is in that person's handwriting, and in the case or a document executed or attested, that it was duly executed and attested by the persons by whom it purports to be executed and attested, provided that the original is before the Court, without which no such observations can he made. The presumption of genuineness with regard to 30 years old document is discretionary. therefore, the Court generally arrives at its conclusion oil the document, after the evidence of both sides has been given. The Court is not supposed to presume every document and signature upon it as genuine, of a particular person, without considering the relevant factors, necessary to bring the document within the parameter of Article IOU of the Qanun-e-Shahadat Order, 1984.