NAHEED SHOUKAT MALIK (LATE) vs Malik MOHSIN RAZA S — 2025 CLC 1298 ISLAMABAD

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NAHEED SHOUKAT MALIK (LATE) VS Malik MOHSIN RAZA S. 12---Qanun-e-Shahdat (10 of 1984), Arts.79 & 81---Suit for specific performance of agreement to sell---Counter suit for cancellation of agreement to sell---Requirement of producing two attesting witnesses, exception to---Scope---Where document is admitted by the executant himself the examination of attesting witnesses is not mandatory---No relief can be granted merely on the basis of pleadings---Deceased-vendor, mother of the appellants, was the owner of a house and on 26.03.2022, she entered into an agreement to sell the property to respondent No.1 (vendee), for Rs. 58,000,000/-, out of which Rs.500,000/- was paid as earnest money and balance was to be paid at the time of transfer---Deceased-vendor failed to transfer the property despite repeated requests---Respondent No.1 (vendee) filed suit for specific performance, possession, and permanent injunction---In retaliation, deceased-vendor filed a suit seeking declaration, cancellation of agreement, and injunction, alleging the agreement was forged and manipulated---After a consolidated trial of both suits the trial court decreed the suit for specific performance in favor of respondent No.1 (vendee) and dismissed the appellant's (vendor's) suit---Held: It was established that execution of agreement was admitted by the appellants at different stages, so there was no need to produce the two witnesses under Art. 79 of the Qanun-e-Shahadat Order, 1984---Article 81 of the Qanun-e-Shahadat Order, 1984, was relevant in this regard being an exception to the general rule that where a document was required by law to be attested the same could not be used in evidence unless two attesting witnesses were called for the purposes of proving its execution---The simple reading of Art. 81 of Qanun-e-Shahadat Order, 1984, showed that where the execution of a document was admitted by the executant himself, the examination of attesting witnesses was not necessary---It was contended by appellants that as respondent No.1/ plaintiff failed to prove his case as per law, therefore, the appellants/ defendants opted not to produce any evidence---Without producing the evidence, no relief can be granted merely on the basis of the contents of written statement---Pleadings were not evidence by themselves and the statements of a defendant in written statement could not be used as evidence, without the examination of the concerned party in its support---Suit filed by respondent No. 1 was rightly decreed by the court below---The appeal was dismissed, in circumstances.

NAHEED SHOUKAT MALIK (LATE) vs Malik MOHSIN RAZA S — 2025 CLC 1298 ISLAMABAD

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