Mst. KAUSAR BIBI vs MUHAMMAD SARWAR arts — 2022 YLR 1028 LAHORE-HIGH-COURT-LAHORE

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Mst. KAUSAR BIBI VS MUHAMMAD SARWAR arts.17, 79 & 80---agreement to sell---Proof---Respondent/plaintiff alleged that he had purchased the land through agreement to sell dated 07-07-1992 with its owner against consideration of Rs.250,000/- and paid Rs.200,000/- as earnest money; that the owner had died on 21-08-1992; and that the legal heirs of the deceased refused to perform part of the agreement to execute the sale deed---Suit was decreed on 04-12-1993---Petitioner (widow of the deceased) along with other respondents submitted application under S.12(2) which was allowed on 31-03-2001---Respondent's suit was dismissed by Trial Court on 24-04-2009 and his appeal was allowed by appellate Court on 09-02-2011---Validity---Petitioner as witness deposed before that no agreement was executed by her husband/deceased in favour of plaintiff nor he received any consideration; that plaintiff committed fraud; that after death of her husband, respondent told her to accompany him for some help and took her with him; that he told her that he had transferred the land in her name and forcibly got her thumb impressions; that she refused to impose thumb impression; that she filed application under S.12(2) of C.P.C.; that the stamp paper was a forged document; that her husband was an educated person; and that she was an illiterate woman---Neither respondent nor his witnesses had described the exact date of the execution of alleged agreement to sell in evidence---One marginal witness of said agreement was produced and nothing had been disclosed qua the second marginal witness---Mandatory provisions of arts. 17 & 79 of Qanun-e-Shahadat, 1984, had not been complied with---Respondent, therefore, had failed to prove the execution of the said agreement---Respondent did not make any effort to prove the alleged agreement to sell through the mode prescribed under art. 80 of Qanun-e-Shahadat, 1984---Court's order dated allowing petitioner's application under S.12(2) was challenged by respondent but the same remained intact by appellate Court and attained finality---Revision petition was allowed accordingly.

Mst. KAUSAR BIBI vs MUHAMMAD SARWAR arts — 2022 YLR 1028 LAHORE-HIGH-COURT-LAHORE

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