2011 SCMR 1009 SUPREME-COURT

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MUBASHIR AHMAD VS Syed MUHAMMAD SHAH Limitation Act 1908--SCHI, 113 , Proof--TERM , Qanun-e-Shahadat Order 1984--117 , Specific Relief Act 1877--12 , S. 12---Qanun-e-Shahadat (10 of 1984), Art. 117---Limitation Act (IX of 1908), Art. 113---Suit for specific performance of oral agreement to sell land---Defendant alleging transaction entered between parties in year 1973 to be for lease of land and not its sale---Proof---Burden would lie on plaintiff to prove that such transaction was an agreement to sell---Plaintiff filed suit in year 1982 after receipt of notice from Revenue Court issued on defendant's application seeking eviction of plaintiff from suit land---Plaintiff was enjoying peaceful possession of suit land since year 1974---Limitation for filing such suit would run from date on which defendant had refused to perform his part of contract---Defendant had purchased suit land in year 1973/74 for Rs.11,000--Plaintiff had paid Rs. 10,400 to defendant out of total sale consideration of Rs.14,000---Defendant had admitted receipt of Rs.9,400 through cheque---Receipt of Rs.10,400 by defendant from plaintiff, if accepted, would make implausible that, plaintiff would have paid such amount as rent for suit land valuing Rs.11,000---All such would show that oral evidence produced by plaintiff to establish agreement to sell had received corroboration from other circumstances of case---Defendant had failed to establish that suit land had been leased out to plaintiff---Suit was decreed in circumstances.