Gulzar Ahmed vs Muhammad Zaman Ss — 2026 MLD 830 KARACHI-HIGH-COURT-SINDH

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Gulzar Ahmed VS Muhammad Zaman Ss. 12 & 54---Qanun-e-Shahadat (10 of 1984) Chapter VI---Suit for specific performance of agreement to sell, injunction and recovery of damages---Exclusion of oral evidence by documentary evidence---Plaintiffs claimed to have entered into agreement with defendant to sell suit house, who had already received sale consideration---Validity---Defendant denied that he received any payment, yet at the same time, he contended that plaintiffs were his tenants---Defendant did not produce something in support of his contention---Defendant neither produced copy of any tenancy agreement nor submitted any proof of payment of rent to him---If plaintiffs had defaulted, then the defendant did not file any evidence of either rent recovery or eviction proceedings for default of payment of rent against plaintiffs---Defendant also did not file any action for possession / dispossession against plaintiffs nor any claim for mesne profit against plaintiffs---Defendant did nothing positive in support of his contention that plaintiffs were allegedly his tenants---If plaintiffs were, in fact, his tenants, then he should have deposed some evidence in support of such contention but there was nothing available on the record of Court---Defendant produced his work colleague, to depose that plaintiffs were tenants; that the tenancy agreement was verbal, and that there was no agreement of sale---However, this was not credible evidence given the surrounding facts and circumstances brought on record by plaintiffs' evidence---Oral testimony of witness stood nowhere in the background of documentary evidence led by plaintiffs and after production of marginal witnesses---High Court rejected claim of damages raised by plaintiffs who did not provide any evidence to prove their claim for general or special damages---Plaintiffs proved their case and were entitled to relief of specific performance of agreement of sale between plaintiffs and defendant in respect of suit property---Suit was decreed accordingly.

Gulzar Ahmed vs Muhammad Zaman Ss — 2026 MLD 830 KARACHI-HIGH-COURT-SINDH

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