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MST. RASHEEDA BEGUM versus MUHAMMAD YOUSAF


Section 12 Evidence Act (Constitution of 1872), Section 68 Contract Act (IX of 1872), Section 62 Constitution of Pakistan (1973), Article 185 (3) suit for the specific performance of the contract to sell to the plaintiff has given Requested a sale agreement in connection with the payment. The sale agreement certified by various witnesses, a petition for its sale price to the plaintiffs through various invoices, was in the form of an extract from the plaintiff's register, which did not test the minor evidence of the contract of sale. Rather, he appeared as the defendant's witness and denied that when he signed the contract, neither the defendant was present nor in his presence was any money paid. , The trial court's dismissal of the appeal and review petition filed by the plaintiff was dismissed, the plaintiff's argument was: That the contract was not required by law. As evidenced by the witnesses, thus, there was no deadlock in verifying the witnesses. And the seller's contract was proved by the applicant's secondary evidence. None of the witnesses testified by the plaintiff was examined and the document was not proven, under which the receipt of the sale price from time to time was accepted by the defendant. And the agreement was reiterated that the timely prediction of the contract was even more hypothetical than the fact that the Supreme Court dismissed the appeal for the need for positive and concrete evidence.

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