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MUHAMMAD HAROON vs ALI ASGHAR S — 2024 CLC 580 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 CLC 580 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
CLC
Parties
MUHAMMAD HAROON vs ALI ASGHAR S
Subject matter
Civil
Provisions referred to
S. 12---Q; S. 115

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 HAROON VS ALI ASGHAR S. 12---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Suit for specific performance of agreement to sell---Judgment at variance---Lower Appellate Court, findings of---Withholding of best evidence--- Presumption---Suit filed by petitioners / plaintiffs was decreed by Trial Court but Lower Appellate Court dismissed the same---Validity---Receipt of partial payment was subsequent to the agreement, which amount was not shown as part of sale consideration in the agreement---Receipt did not show that the amount was paid earlier and was acknowledged later in time---If some of the respondents / defendants who executed agreement did not file written statement, there was nothing to prevent petitioners / plaintiffs from summoning them and examining them on oath---Scribe of agreement was not summoned by petitioners / plaintiffs---Agreement of sale was not proved through evidence which could have been brought / provided and the best evidence was kept away---High Court declined to stretch jurisdiction to form a view other than by Lower Appellate Court which was based on the evidence and material available on record---Limited scope was provided under S.115, C.P.C., which could only be exercised if a clear case of misreading and non-reading of evidence was made out---Revision was dismissed, in circumstances.

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