KHER DIN (deceased) vs Mst — 2025 CLC 1982 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 CLC 1982 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: CLC
Parties: KHER DIN (deceased) vs Mst
Subject matter: Civil

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

KHER DIN (deceased) VS Mst. HAYAT BIBI Ss. 12 & 42---Qanun-e-Shahadat (10 of 1984), Arts. 19, 79 & 80---Suit for specific performance of agreement to sell and declaration---Attesting witness not found---Proof of document---Procedure---Concurrent findings of facts by two Courts below---Petitioners / plaintiffs claimed that they were owners in possession of suit property on the basis of agreement to sell executed in year 1943 in favour of their predecessor-in-interest by predecessor-in-interest of respondents / defendants---Suit and appeal were concurrently dismissed by Trial Court and Lower Appellate Court---Validity---When no attesting witness is found, it is obligatory under Art. 80 of Qanun-e-Shahadat, 1984, upon party to prove factum of death of its witnesses that they have died or cannot be traced out---Findings of both the Courts below on question of facts and law were based upon proper appreciation of oral as well as documentary evidence produced in suit---High Court in exercise of revisional jurisdiction declined to interfere or substitute findings of two Courts below---Revision was dismissed, in circumstances.

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