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GUL MUHAMMAD vs NUSRAT JAMAL Ss — 2022 MLD 1767 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 MLD 1767 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
MLD
Parties
GUL MUHAMMAD vs NUSRAT JAMAL Ss
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

GUL MUHAMMAD VS NUSRAT JAMAL Ss.12, 42 & 54---Qanun-e-Shahadat (10 of 1984), Arts.117 & 120---Document---Proof---Onus to prove---Shifting of onus---Principle---Concurrent findings of facts by two Courts below---Appellant / plaintiff filed suit for specific performance of agreement to sell, declaration and injunction---Suit and appeal filed by appellant / plaintiff was dismissed by Trial Court and Lower Appellate Court respectively--- Validity--- Lower Appellate Court erred in law by holding that agreement relied upon by appellant / plaintiff was merely a sale agreement and was not a registered document and only a registered document had sanctity attached to it--- Lower Appellate Court failed to appreciate that cause of action for filing suit for specific performance could arise only when party to agreement avoided or refused to perform his agreed part of contract and failed to transfer title of suit property through registered deed--- Burden to prove contents of document and passing of consideration did not shift upon beneficiary in case of denial of execution of such document by executor, as such principle was applicable where there was denial or rebuttal by respondent / defendant himself and or by implication--- Concurrent findings of fact could not be respected if the same were based on misreading and non-reading of evidence available on record--- High Court set aside judgments and decrees passed by two courts below and decreed the suit in favour of appellant / plaintiff---Second appeal was allowed, in circumstances.

Other judgments reported in 2022 MLD

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