MUHAMMAD GHAFFAR (DECEASED) vs ARIF MUHAMMAD S — 2023 SCMR 344 SUPREME-COURT

Case information

Citation: 2023 SCMR 344 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: MUHAMMAD GHAFFAR (DECEASED) vs ARIF MUHAMMAD S
Subject matter: Civil
Provisions referred to: S. 12---S

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

MUHAMMAD GHAFFAR (DECEASED) VS ARIF MUHAMMAD S. 12---Suit for specific performance of an agreement to sell immoveable property---Agreement to sell---Proof---For the grant of a decree (of specific performance) plaintiff has to not only prove the agreement to sell by producing two marginal witnesses but also the receipt/proof of payment of the consideration amount (averred to be paid)---When the evidence of payment of earnest money/partial consideration amount is in oral form which is in contradiction to the sale agreement, it should be pleaded so, and it must be proved through strong and consistent with the other documentary evidence on record---Where the execution of the document has categorically been denied by the vendors then it is obligatory upon the plaintiff party to seek the signatures/thumb impression---When the evidence brought forward by a party to prove the execution of the document (agreement to sell) is contradictory or paradoxical to the claim lodged in the suit, or is inadmissible, such evidence would have no legal sanctity or weightage.

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