QAZI SIDDIQUE AKBAR vs HASSAN AKHTAR art — 2022 CLC 73 ISLAMABAD

Case information

Citation: 2022 CLC 73 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: CLC
Parties: QAZI SIDDIQUE AKBAR vs HASSAN AKHTAR art
Subject matter: Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

QAZI SIDDIQUE AKBAR VS HASSAN AKHTAR art.79---attesting witness---Suit for specific performance---appellate Court(in second appeal) non-suited the petitioners/plaintiffs as they failed to prove the execution of the agreement and irrevocable power of attorney---allegedly entire consideration amount was paid to the predecessor (deceased/respondent) of respondents---Petitioners contended that there was no need to adduce evidence of attesting witness as respondents had never specifically denied the execution of agreement and said irrevocable power of attorney---Validity---Petitioner as witness had given no proof of alleged payment of the consideration amount nor stated the details of transaction---Petitioner admitted to have attended the funeral of predecessor of respondents but conceded that he did not make any claim about the transfer of property---Plaint showed that cause of action had recently accrued but in evidence date, time, place and name of person refusing transaction was not given---Petitioners being the beneficiary of agreement and irrevocable power of attorney, were required to prove the said documents even though the execution of the same had not been specifically denied---Petitioners could not rely on the weaknesses of the respondents' case to substantiate their claim---Mere entrance of mutation of inheritance in favour of legal heirs of the respondent did not amount to notice of refusal to transfer the property---Claim was barred by limitation---Revision petition was dismissed accordingly.

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