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MUHAMMAD AFZAL KHAN versus HUSSAIN BAKHSH


Sections 12, 39 and 42 of the Evidence (10 of 1984), Article 72 of the Constitution of Pakistan (1973), Article 185 (3) 7 Proof that in the agreement to sell two suits, the applicant has signed a sale agreement with respect to the suit land. Demanded specific performance of while the defendant was denied execution of the agreement and the same trial court requested the applicant's claim to be dismissed and the respondent's dismissal approved by the appellate court's validity petition author and stamp seller The verdicts and orders confessed that the defendants did not know them personally were a minor witness to the opportunity and another witness Neither the slightest witness nor any money was spent on the reference, along with criminal cases between the parties, as well as civil litigation pending handwriting expert, contrary to the defendant's acknowledged thumb impression. Of the three thumb impressions on the deal, one of the thumb impressions was not that of the respondents while the other two were tampered with and thus no comment could be made. At the time of the execution of the dispute agreement, the same defendant was fifty years old and uneducated. Because of the litigation between the parties, there was no relationship of mutual trust between the parties, in this background, the High Court, rightfully denied that the applicant was realizing the property of the house. Without moving the sale will pay the full cost of the sale. The applicant's simultaneous refusal of both the courts, namely the Appellate Court and the High Court of the Supreme Court, does not indicate any weakness, legal or factual basis.

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