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KANIZ FATIMA through Muhammad Imran Irshad vs TAMIZUL HAQUE S — 2024 YLR 890 ISLAMABAD

Case information

Citation
2024 YLR 890 ISLAMABAD
Court
Islamabad High Court
Year
2024
Reporter
YLR
Parties
KANIZ FATIMA through Muhammad Imran Irshad vs TAMIZUL HAQUE S
Subject matter
Civil
Provisions referred to
S. 54---S; 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

KANIZ FATIMA through Muhammad Imran Irshad VS TAMIZUL HAQUE S. 54---Specific Relief act (I of 1877), S. 12---Suit for specific performance of agreement to sell immoveable property---Stamp paper---Doubtful---Suit seeking specific performance instituted by the appellant had been dismissed---Mode of issuance of stamp papers for both the agreements was doubtful---Stamp papers were not properly endorsed by the stamp vendor---Purpose for which the stamp papers were issued, had not been mentioned---Stamp vendors were not produced as witness to depose in her favour by the plaintiff/ appellant--- agreements were silent with regard to the agreed mode of payment---as per statement of defense witness, the property was in the name of respondent/ defendant/owner---Even in the absence of evidence to the contrary, in order to get a judgment as to her legal rights, the plaintiff/appellant was burdened with onus under art. 117 of the Qanun-e-Shahadat , 1984, to prove on the basis of unimpeachable evidence that such right legally existed in her favour---Plaintiff/appellant failed to make out a case for grant of the discretionary equitable relief of specific performance---appeal was without merit and was, therefore, accordingly dismissed.

Other judgments reported in 2024 YLR

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