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ABDUL QAYYUM versus HAJI BADRI ZAMAN

Section 12 Civil Procedure Code (V8 1908), O XLI, R 1 For the specific performance of the suit sale agreement the claimant claimed that the defendant had contracted the sale of the suit property in favor of him and the defendant was at different intervals. The amount of consideration was received from him. He claimed that the defendant had promised to put the required change in the transfer process in his favor, but instead changed the name of the gift in favor of the other person to the plaintiff in which the plaintiff Was unable to execute the sales process and perform the conversion / transfer process. The lawsuit was filed, which the trial court presented by the plaintiff did not fully support its claim in the witnesses' position, which the defendant legally presented through solid and credible evidence brought before the court. Was obliged to prove his claim and not avail himself of it. Defective party defects were not successful in making their claim before the trial court through cautious evidence, material changes and contradictions by the plaintiff also contributed to the failure of the case, which the trial court ruled Was dismissed as where the burden of proof of an alleged fact was on the appellant and said that the burden was not satisfactorily excluded, the absence of the defendant to record his statement in court, had a negative impact on his case. Will not put the plaintiff's objection was denied in the circumstances, document by two certified witness parties Services were denied their presence in the import process, the required criteria to exclude evidence of the complainant c advocate for immigration from Jhand lawyer