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.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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