MUHAMMAD ISLAM vs BAGH ALI arts — 2025 CLC 1291 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD ISLAM VS BAGH ALI arts. 17, 79 & 81---Specific Relief act (I of 1877), S. 12---Suit for specific performance of agreement---agreement to sell---Proof---admission by the executant---Effect---Second marginal witness of agreement, non-producing of---Effect---Suit of the plaintiff / respondent was concurrently decreed, on the basis that agreement-to-sell was admitted by the defendant (appellant / vendor) in a prior suit by recording his statement (statement-in-question)---assertion of the appellant was that the statement-in-question did not belong to him and his signature and thumb impression had been forged and fabricated by playing fraud upon the Court---Held, that said assertion was belied by the report of Finger Expert Bureau which was also available on the record and was duly corroborated by testimony of Inspector Police Finger Expert Print Bureau, Punjab, as a witness of plaintiff; according to which the thumb impression available on the agreement was identical to the specimen thumb impression marked (as D, D/1 and D/2)---Thus, mere assertion of the appellant (that he did not appear in the prior suit and had not recorded any statement nor affixed his thumb impression on the order sheet of the prior suit) could not be relied upon nor the same was sufficient and cogent to rebut the presumption of truth attached to judicial proceedings---Sanctity of highest order was attached to judicial proceedings and to outweigh the same, strong and unimpeachable evidence was to be produced---appellant had failed to bring on record any such evidence---Both the Courts below had correctly appreciated the controversy while decreeing the suit of the respondent---Regular second appeal, being merit-less, was dismissed.

MUHAMMAD ISLAM vs BAGH ALI arts — 2025 CLC 1291 LAHORE-HIGH-COURT-LAHORE

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