ABDUL WAHEED vs Syed AKBAR HUSSAIN WASTI arts — 2023 CLC 592 KARACHI-HIGH-COURT-SINDH

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ABDUL WAHEED VS Syed AKBAR HUSSAIN WASTI arts.59 & 84---Suit for specific performance and injunction---Respondent alleged in his plaint that he purchased the suit property through written agreement to sell (consisting two shops and a house) for total consideration of Rs.12,00,000/-; that he paid Rs.400,000/- as earnest money and the remaining amount of Rs.800,000/- was agreed to be paid at the time of execution of registered sale deed---Respondent's suit, in the first round of litigation, was remanded by appellate Court directing the Trial Court to re-examine two documents i.e. sale agreement and receipt of payment after verification of disputed signatures of the applicant---Suit was concurrently decreed in second round of litigation---appellant categorically denied the execution of any agreement and questioned the genuineness of the signature on the said agreement---Validity---Trial Court had received opinion of the qualified hand writing expert and later summoned him to record his evidence---Expert appeared as witness and was examined and cross-examined---Hand writing expert stated in his report that there was no similarity between the signatures appeared on the sale agreement/receipt as compared to the other admitted signatures of the appellant---Handwriting Expert, in cross-examination, vehemently denied the genuineness of the signatures---Respondent/plaintiff had produced one of the witnesses of alleged sale agreement before the Trial Court---appellant had failed to produce a single witness in support of his version that the alleged sale agreement/receipt were forged documents---Categorical denial by the appellant of his alleged signatures supported by the Expert opinion/oral evidence of the hand-writing expert, no doubt, was relevant evidence to understand that the same documents were suspected ones and that the documents could not be treated as signed by the applicant unless proved contrary---Courts below could also have to express their opinion on the disputed signatures of the applicant on the documents by making comparison thereof with his admitted signatures---Both the Courts below did not adopt such method in order to decide the matter with all clarity---High Court examined the general characteristics, formation of letters, fixed pan habits and discern the identity of the writer---High Court found the style of writing Urdu alphabets in his signature on admitted documents were similar while were dissimilar with the Urdu alphabets of his signatures on disputed documents---High Court had exercised due care/caution at the time of determining the genuineness of alleged signatures of applicant and decided that the same were not genuine and the documents in question were fake---Revision application was dismissed accordingly.

ABDUL WAHEED vs Syed AKBAR HUSSAIN WASTI arts — 2023 CLC 592 KARACHI-HIGH-COURT-SINDH

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