Suit for specific performance of agreement to sell --- Execution of agreement --- Admission -

 2023 CLC 1411

Suit for specific performance of agreement to sell --- Execution of agreement --- Admission --- In order to prove the agreement to sell the respondent examined her special attorney and one of the attesting witnesses of the agreement to sell as witnesses ---- In addition thereto , the respondent tendered in evidence certain documents as well --- Contrary to this , the appellant examined his attorney as the sole witness to rebut the evidence led by the respondent , who in his statement conceded the execution of agreement to sell --- Thus , after the admission of this material fact , the respondent successfully discharged the onus of proof with regard to the execution of agreement , as admitted facts need not to be proved --- Record showed that there was no hurdle in the way of the appellant to execute the sale deed in favour of respondent in furtherance of the agreement to sell.