FARZANA BEGUM vs MUHAMMAD NAWAZ S — 2025 CLC 1320 LAHORE-HIGH-COURT-LAHORE

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FARZANA BEGUM VS MUHAMMAD NAWAZ S. 12---Qanun-e-Shahadat (10 of 1984), Arts. 17, 59, 79 & 129(g)---Civil Procedure Code (V of 1908), O.XLI, R.27---Specific performance of agreement to sell---Burden of proof---Scope---Non-fulfilment of requirement to produce two attesting witnesses of the agreement to sell---Effect---Absence of evidence as to bargain of sale between the parties or about the payment or considerations---Adverse presumption---Expert opinion---Relevance---Suit for specific performance instituted by the petitioner was dismissed by the trial as well as appellate courts concurrently---Contention of the petitioner was that since the scribe of the document had been produced, therefore, requirement of Arts. 17 and 79 of the Qanun-e-Shahdat, 1984 (Order) had been fulfilled---Validity---Out of four witnesses to the document only one attesting witness was produced, who too was disbelieved by the courts below and there was no explanation for non-production of the other marginal witnesses---Mandatory requirement of Art. 79 of the Order had not been met as such document could not be proved nor could the petitioner produce admissible or credible evidence to prove the existence of any bargain of sale between the parties or about the payment for consideration, thus, the opinion of expert even if brought on record could not serve any purpose as a substitute for the mandatory requirements of law of evidence---Testimony of the scribe could not be equated with that of an attesting witness as both of them had signed the document in different capacities and with a different state of mind and such scribe did not meet the requirement of Art. 79 of the Order---Adverse presumption under Art. 129(g) of the Order against the person intending to prove the document had to be drawn against the petitioner---Petitioner could not make out any case for interference in the concurrent findings of facts recorded by the courts below and the findings of the courts below were based on correct analysis and appreciation of evidence---Civil revision was dismissed, in circumstances.

FARZANA BEGUM vs MUHAMMAD NAWAZ S — 2025 CLC 1320 LAHORE-HIGH-COURT-LAHORE

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