2020 YLR 2094 PESHAWAR-HIGH-COURT

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IFTIKHAR KHAN VS SIKANDAR KHAN S. 13---Specific Relief Act (I of 1877), S. 12---Qanun-e-Shahadat (10 of 1984), Arts. 79, 113 & 129(g)---eviction of tenant---Suit for specific performance of agreement to sell---Proof of execution of document required by law to be attested, facts admitted need not be proved, withholding best evidence---Scope---Landlords claimed that the suit property was rented out to the tenant by their predecessor whereas tenant claimed that he had bought the suit property through agreement to sell from the predecessor of landlords---Validity---Tenant produced one marginal witness and notary public but none of them stated that the money changed hands in their presence---Recitals of the agreement to sell showed that entire sale consideration was paid in lump sum whereas the witnesses stated that sale consideration was paid in three installments---Tenant did not produce the second marginal witness without any plausible reason---Landlords were not required to produce marginal witnesses of the rent deed as it was admitted by the tenant---Relationship between the parties as tenant and landlord stood proved---Rent Controller and Appellate Court had rightly appreciated the evidence on record---Constitutional petitions filed by tenant were dismissed, in circumstances.