19/2013 Civil Revision Mst Shahida Parveen (Appellant) V/S Saiful Malook (Respondent)
Bench: Hon'ble Mr. Justice Nazar Akbar
19/2013 Civil Revision Mst Shahida Parveen (Appellant) V/S Saiful Malook (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar Order Date: 17-AUG-15
(a) Specific Relief Act (I of 1877)--- ----S.12---Qanun-e-Shahadat (10 of 1984), Art. 79---Suit for specific performance to sell immovable property---Agreement to sell, proof of---Scope---Contention of plaintiff was that she purchased suit property form defendant on the basis of agreement to sell---Validity---Burden was on plaintiff to prove the existence of agreement to sell and handing over of possession of suit property through sale agreement---Record showed that neither plaintiff had produced receipt of payment nor she had produced marginal witnesses or any other witness to prove execution of sale agreement with defendant---Sole testimony of plaintiff was not sufficient, thus, plaintiff had failed to discharge her burden in terms of S.79 of Qanun-e-Shahadat, 1984. (b) Civil Procedure Code (V of 1908) --- ----S. 115---Revision---Concurrent findings of lower courts---Concurrent findings of lower courts could not be set aside in exercise of jurisdiction under S.115 of C.P.C. unless same were found perverse or contrary to record.