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MUHAMMAD RASHEED KHAN versus MST. MEHR-UN-NISA


Section 12 law evidence (10 of 1984), Arts 15 and 17 suit for sale contract specific performance suit was filed by the plaintiff on the basis of an agreement to sell the land that was allegedly entered into with the defendant. Was the real sister of The plaintiff's trial court refused to enter into a sale transaction with the dismissed case, but the appellate court reversed the trial court's decision and remanded the suit to the High Court in the review filed by the defendant. The court's justification is the only serious one. Submitted by the claimant who is a witness to the alleged sale agreement, he does not support the claimant's claim about the payment of the sale consideration in his presence, as stated by the defendant in the said agreement. The alleged contract was fraudulently obtained, substantiated by the authenticity of the contract and evidence of record validation, and the sale transaction was not proved as required. And 17KTs cannot be relieved of specific performance unless the contract and execution of the sales contract is required by law. So it may not be fully paid or the sale was not always able to claim Council. Identify a material defect or legal instability in the decision under challenge

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