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

Case information

Citation: 2025 MLD 271 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: MLD
Parties: Zahid Mahmood vs Sabir Hussain 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

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---Second marginal witness, non- examining of ---Claim of the plaintiffs/petitioners 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---Contention of the petitioners/ plaintiffs was that second marginal witness was not examined as he was closely related to the alleged vendor (defendant/respondent) and if produced, he would have deposed in his favour, thus for such risk his withholding was justified---Validity---Mandatory provisions of law has to be complied and fulfilled and only for the reason or the perception that such attesting witness if examined may turn hostile does not absolve the concerned party of its duty to follow the law and allow the provisions of arts. 17 & 79 the Qanun-e-Shahadat, 1984, relating to hostile witness to take its own course---Thus, for any risk, mandatory requirement of law cannot be avoided---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.

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