1291/2003 Suit MRS.SANA RIZWAN (Plaintiff) V/S MRS.AMNA FAHIM & ORS. (Defendant)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 20-MAR-15
Specific Relief Act (I of 1877)--- ----S.12---Qanun-e-Shahadat (10 of 1984), Arts. 17, 79 & 129, illustration (g)---Suit for specific performance of agreement to sell---Agreement, proof of---Withholding of evidence---Plaintiff claimed to have entered into agreement with defendant regarding sale of suit property---Second instalment was payable by plaintiff to defendant within seven days after publication of advertisement inviting objections to sale---Plaintiff never published any public notice in newspaper inviting objections to her intended purchase of suit property, during 90 days period of time and therefore, did not offer to make payment of second instalment in breach of agreement---To the contrary, through a letter, plaintiff proposed that defendant should hand over possession of suit property immediately without further payment---Effect---Intention and conduct were going in directions which could not be termed as anything except an intended breach of terms and conditions of agreement of sale---Requirement of Arts. 17 & 79 of Qanun-e-Shahadat, 1984, to prove execution of contract by producing two attesting witnesses had not been done, therefore, reference to Art. 129, illustration (g) of Qanun-e-Shahadat, 1984, was misconceived---Plaintiff herself had failed to produce the best evidence without explaining circumstances of her failure---High Court decided issues against plaintiff---Suit was dismissed in circumstances.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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