1475/2010 Suit NANNEY KHAN (Plaintiff) V/S MUHAMMAD DAWOOD KHAN & OTHER (Defendant)
Bench: Hon'ble Mr. Justice Nazar Akbar
1475/2010 Suit NANNEY KHAN (Plaintiff) V/S MUHAMMAD DAWOOD KHAN & OTHER (Defendant) Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar Order Date: 20-JAN-15
Specific Relief Act (I of 1877)--- ----S. 12---Constitution of Pakistan, Arts. 24 & 172---Qanun-e-Shahadat (10 of 1984), Art. 117 & 120---Suit for specific performance of agreement to sell---Requirements--- Ownerless property---Execution of document---Onus to prove---Plaintiff claimed to have entered into agreement to sell with defendant for suit property---Validity---In order to succeed in a Court of law for specific performance of agreement, plaintiff had to prove execution of agreement through a strong, consistent and cogent evidence independently and he could not succeed in obtaining decree solely on the basis of weakness, lacuna and total absence in or of the defence---Court, in the present case, was satisfied that none was known to the Court for having any right or entitlement in suit property, in such situation the Court was required to find out the actual owner/or his/her legal heirs before holding that suit property was escheatable---High Court imposed cost upon the plaintiff who had been in illegal possession of suit property since year, 2009---Suit was dismissed, in circumstances.