Shabbir Hussain vs Muhammad Shabbir naveed (deceased) S — 2026 MLD 142 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2026 MLD 142 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2026
Reporter: MLD
Parties: Shabbir Hussain vs Muhammad Shabbir naveed (deceased) S
Subject matter: Civil
Provisions referred to: S. 12---Q

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

Shabbir Hussain VS Muhammad Shabbir naveed (deceased) S. 12---Qanun-e-Shahadat (10 of 1984), Arts. 17, 71, 72 & 79---Specific performance of agreement to sell---Burden of proof---Scope---Non-fulfilment of requirement of production of two attesting witnesses of the agreement to sell---Effect---Plea of one of the attesting witnesses living abroad---Legality---So long as the attesting witnesses are alive, capable of giving evidence and subject to the process of Court, no document can be used in evidence without the evidence of such attesting witnesses---If execution of a document is specifically denied the best course is to call the attesting witnesses to prove the execution---Non-compliance of said requirement will render the document inadmissible in evidence---Neither due process of law was adopted to procure attendance of the second marginal witness, nor any evidence was produced to establish that he was residing abroad---Petitioner while seeking performance of agreement to sell failed to comply with the stringent condition mentioned in the Art. 79 of the Qanun-e-Shahadat, 1984---Revision petition was dismissed, in circumstances.

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