Agreement to sell immoveable property --- Proof --- Attesting witnesses of the agreement to sell and stamp vendor proved the sale transaction , ......

2023 SCMR 2162

 Agreement to sell immoveable property --- Proof --- Attesting witnesses of the agreement to sell and stamp vendor proved the sale transaction , execution of sale agreement , payment of sale consideration and delivery of possession --- During cross - examination of said witnesses , no material could be extracted to shatter the veracity of their evidence --- All other legal heirs of the deceased - vendor ( except the petitioner ) admitted the sale transaction in favour of respondent - vendee --- Neither the petitioner nor any other legal heir of deceased vendor has ever challenged the agreement to sell before any forum --- Onus to prove that no agreement was executed by deceased - vendor and he had not received any amount of consideration from respondent - vendee with regard to the suit property was upon the petitioner which he has failed to discharge --- Respondent - vendee has proved the agreement to sell by plausible and cogent evidence before the Trial Court --- Petition for leave to appeal was dismissed and leave was declined .