AKHTAR GUL (Deceased) vs MUHAMMAD ASHIQ arts — 2025 CLC 670 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 CLC 670 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: CLC
Parties: AKHTAR GUL (Deceased) vs MUHAMMAD ASHIQ arts
Subject matter: Civil
Provisions referred to: S. 12---S

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

AKHTAR GUL (Deceased) VS MUHAMMAD ASHIQ arts. 17(2) & 79---Specific Relief act ( I of 1877 ), S. 12---Suit for specific performance---Marginal witnesses of agreement to sell, non-production of---Effect---agreement to sell was attested by two persons but none of them was produced by the respondent to prove the genuineness of the agreement to sell---In terms of art. 79 of the Qanun-e-Shahadat, 1984 ('the Order 1984') if a document is required by law to be attested, it shall not be used as evidence until two attesting witnesses at least have been called for the purpose of proving its execution, if there be two attesting witnesses alive and subject to the process of the Court and capable of giving evidence---Thus, the respondent in view of art. 79 of the Order, 1984 was bound to examine two marginal witnesses of the agreement in order to prove the same---In the present case, agreement to sell was not proved at all by the respondents/plaintiffs, as an agreement to sell an immovable property squarely falls within the purview of the provisions of art. 17(2) of the Order, 1984 and has to be compulsorily attested by the two witnesses and this is sine qua non for the validity of the agreement---High Court set-aside impugned judgments and decrees passed by both the Courts below; consequently, suits instituted by the respondents stood dismissed---Revision filed by successors-in-interest of original owner of the suit-property was allowed, in circumstances.

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