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MUHAMMAD IQBAL versus ABDUL QAYYUM


Section 12 Civil Procedure Code (v. 1908), Section 100 suit for specific performance of sale contract was not proven on examination of oral and documentary evidence; Minor witnesses did not know the author of the document, did not pay any money. Was done In the presence of the author of this document and he did not see the witnesses' identification cards, contradictions between the witnesses regarding the misrepresentation of the other minor witnesses and the execution of the executors, led to the serious issue of the authenticity of the sale agreement. Was. The witnesses claimed to have paid Rs 500, which at that time was heavily burdened on the plaintiff by the plaintiff to prove the defendant's contract of sale and payment of the outstanding amount, but he was badly involved. Failed. Delivering an order for specific performance was an arbitrary relief, which could be ruled out, even if the sale agreement proved, the plaintiffs who entered the table on an equal basis entered as tenants and Under the allegedly contentious agreement against the disputed amount had been retaining possession of the property under discussion since 1984, whose payment, considering the evidence, did not properly allow the appeal, the plaintiff's case did not fall. ? Under a legitimate exception under Section 100, the CPC sought intervention, the second appeal was dismissed at no cost, with no costs \ r \ n \ r \ n

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