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SALIM ULLAH FARIDI versus AMJAD SHARIF QAZI


Sections 12 and 22 of the Transfer of Property Act (IV of 1882), Sections 45, 58 and 67 of the Contract Act (IX of 1872), Section 10 of the Law of Martyrs (10 of 1984), Arts 72 and 79 specifically to sell mortgages. Failure to present two trivial witness evidence of sale or mortgage proof of the contract's performance, whether the suit property was initially mortgaged under the mortgage process registered by the plaintiff in the interest of the plaintiff in the interest of the defendant. Which is a lawsuit for mortgage repayment. Plaintiff and, in response, defendants filed for the specific performance of the sale agreement that after the mortgage process was executed, the plaintiffs in the interest of the plaintiff agreed to sell the suit property. And since the mortgage amount was dead, the interest of both parties changed to pay for speculative acquisitions, they were presented as evidence to prove an e-document that did not know whether another witness had. In his presence the said document was signed. Such a witness was silent about the contents of the document and did not say a word about the sale consideration and other terms. It was filed by the plaintiffs and ruled that the court-approved decisions and orders were upheld by the appellate court. In the absence of minor witnesses, the alleged sale did not prove that the contract was initially for a mortgage of the property that was allegedly converted into a mortgaged property sale agreement after the defendants remained silent for 23 years. , The courts below decided the alleged contract decisions

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