Zahid Mahmood vs Sabir Hussain arts — 2025 MLD 271 LAHORE-HIGH-COURT-LAHORE

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Zahid Mahmood VS Sabir Hussain arts. 17 & 79---Specific Relief act (I of 1877), S. 12---Suit for specific performance---agreement-to-sell---Execution---Proof---assertion of the plaintiffs was that transaction of sale was settled with the defendant / respondent and agreement and receipt were scribed, yet said stance was strongly controverted by the latter while raising serious allegations with regard to its genuineness as well as transaction detailed therein--- Plaintiffs were concurrently non-suited---Validity---Onus was upon the petitioners / plaintiff to prove the alleged sale and due construction of their hub documents per scheme of law---as alleged agreement and receipt (exhibited by plaintiffs) involved future obligation and financial liability, thus same were to be executed under mandate of art. 17 of the Qanun-e-Shahadat, 1984 ('the Order 1984') and it was sine qua non for the beneficiary/petitioners to prove the same according to mode provided in art. 79 of the Order, 1984---although said two documents at the time of its scribe per spirit of art. 17 of the Order, 1984 were attested by two persons being marginal witnesses, yet surprisingly ,one of them despite availability was not examined, thus compulsory requirement of art. 79 was not followed, which requirement is mandatory and without strict compliance thereof any such document (entailing future obligation or financial liability) cannot be used in evidence---Nothing short of two attesting witnesses can even be imagined for proving sale contract, besides testimony of scribe cannot be used to consider it as statement of marginal witness---No material irregularity/ illegality as well as jurisdictional defect or mis-reading of evidence was found in the impugned judgments of two Courts below; thus, no case of interference was made out---Revision filed by plaintiffs, being merit-less, was dismissed in limine.

Zahid Mahmood vs Sabir Hussain arts — 2025 MLD 271 LAHORE-HIGH-COURT-LAHORE

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