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 & 91---Specific Relief act (I of 1877), S. 12---Suit for specific performance of agreement---agreement to sell---Proof---admission by the executant in prior suit---Effect---Judicial proceedings---Presumption of genuineness---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---Validity---as the agreement had been admitted in the prior suit filed by the respondent against the appellant, by recording statement before the Trial Court (statement-in-question), the non-production of both the marginal witnesses was not fatal to the case of the respondent---Moreover, in terms of art. 91 of the Qanun-e-Shahadat, 1984 ('the Order, 1984'), presumption of genuineness was attached to documents forming part of the judicial proceedings---Statement-in-question (having been exhibited in the present case) pertaining to the agreement was recorded during the judicial proceedings that took place in the a prior suit and fell under the purview of art. 91 read with art. 81 of the Order, 1984 and its effect could not be brushed aside lightly---Thus, the suit for specific performance of the contract based on an agreement to sell can be decreed even if the second marginal witnesses of the agreement is not produced by the vendee in compliance of art. 79 of the Order, 1984 in cases which fall within the purview of art. 81 which is an exception to the rule contained under art. 79 of the Order 1984---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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