SAJJAD AHMAD KHAN vs MUHAMMAD SALEEM ALVI art — 2021 SCMR 415 SUPREME-COURT

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SAJJAD AHMAD KHAN VS MUHAMMAD SALEEM ALVI art. 79---Proof of execution of document required by law to be attested---Requirement of two attesting witnesses---Scope---Provisions of art. 79 of the Qanun-e-Shahadat, 1984 were applicable only in those cases where execution of a document was disputed between maker of document and the person in whose favour purportedly the same was executed. Citation Name: 2021 SCMR 415 SUPREME-COURTBookmark this Case SAJJAD AHMAD KHAN VS MUHAMMAD SALEEM ALVI S. 54---Sale/agreement to sell --- Such agreement could be oral and offer and acceptance of sale could also be inferred from the acts of the parties to the sale agreement. Citation Name: 2021 SCMR 415 SUPREME-COURTBookmark this Case SAJJAD AHMAD KHAN VS MUHAMMAD SALEEM ALVI S. 54---agreement to sell immoveable property---allegation of agreement and signatures on them being fake---Proof---Defendant-vendor had alleged that the agreement and his signatures over the same were fake and fictitious but had not specifically challenged the agreement in question either by way of criminal proceedings or through a civil suit---Simple denial of a document being fake and fictitious was not legally sufficient unless the same facts were proved and established on the record---Petition for leave to appeal was allowed. Citation Name: 2021 SCMR 415 SUPREME-COURTBookmark this Case SAJJAD AHMAD KHAN VS MUHAMMAD SALEEM ALVI art. 79---Transfer of Property act (IV of 1882), S. 54---agreement to sell immoveable property---Non-production of second attesting witness of the agreement---article 79 of the Qanun-e-Shahadat, 1984, applicability of---Prime and foremost requirement of art. 79 Qanun-e-Shahadat, 1984 was to prove execution of a document by producing two marginal witnesses in case of denial of its execution---In the presence case when the vendor himself was the author/scribe of the document; when it was an unrebutted fact that the second witness being abroad was not capable of giving evidence; when the stance of Notary Public regarding attestation of agreement went un-shattered, when the first attesting witness not only confirmed the execution rather gave each and every detail of the transaction between the vendee and the vendor and was also the witness of execution and the entire evidence supported by the vendee himself, then in the given circumstances mere non-production of second attesting witness would be nothing but a hyper technicality and not the violation of art. 79 of the Qanun-e-Shahadat, 1984---Petition for leave to appeal was allowed.

SAJJAD AHMAD KHAN vs MUHAMMAD SALEEM ALVI art — 2021 SCMR 415 SUPREME-COURT

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