Muhammad Arif vs Javaid Khan Ss — 2025 MLD 323 LAHORE-HIGH-COURT-LAHORE

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Muhammad Arif VS Javaid Khan Ss. 42 & 54---Qanun-e-Shahadat (10 of 1984), Arts.70 & 103---Suit for declaration with permanent injunction---Counter claim of execution of sale deed---Existence of written agreement between the parties---Tendency of executing party to vary the terms of the agreement through oral statements---Admission as to execution of agreement in evidence---Suit was dismissed, however, upon appeal preferred by the petitioner appellate court while dismissing the appeal passed a decree for specific performance of the contract---Validity---Petitioner himself admitted receiving of token money from respondent's father-in-law and his signature upon receipt slip stated that he received the amount as token money for land---Signature and thumb impression of petitioner were also available on the back of stamp paper, which explicitly stated that suit property had been sold to respondent for consideration vide Iqrarnama/sale deed---Petitioner while appearing as P.W acknowledged during the course of cross-examination that he purchased the stamp paper from the Stamp Vendor and also confirmed his signature in the register of that Stamp Vendor---As per report of Local Commission, respondent was in possession of the land in question and this fact was also conceded by other prosecution witness---Such evidence provided a basis for the lower appellate court to pass a decree of specific performance of contract in respondent's favour, which decision was based on correct appreciation of evidence---Oral evidence could not outweigh the documentary evidence and once an agreement has been reduced in writing, oral evidence is to be excluded while proving the terms thereof as against the terms specifically reduced in writing---Civil revision was dismissed, in circumstances.

Muhammad Arif vs Javaid Khan Ss — 2025 MLD 323 LAHORE-HIGH-COURT-LAHORE

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