MUNIR AHMAD vs MUHAMMAD RAFIQUE arts — 2026 CLC 520 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2026 CLC 520 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2026
Reporter: CLC
Parties: MUNIR AHMAD vs MUHAMMAD RAFIQUE arts
Subject matter: Civil
Provisions referred to: S. 11---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

MUNIR AHMAD VS MUHAMMAD RAFIQUE arts.17, 79 & 129(g)---Specific Relief act (I of 1877), S.11---Suit for specific performance of agreement to sell---Vendor denying execution of the agreement---Proof---Onus on beneficiary---Procedure---Production of two attesting witnesses, failure of---Vendee producing only one attesting witness---Effect---adverse presumption---Scope---When vendee fails to produce one of the two attesting witnesses and no sufficient reason for his non-production is brought on record and also no effort was made to have him summoned through the Court, in this way the vendee/beneficiary of the agreement withholds best piece of evidence---Hence, presumption would be drawn that if he had produced that witness in evidence, he might have deposed against him.

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