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MUSSARAT SHAUKAT ALI versus SAFIA KHATOON


Special Relief Act 1877 Section 12 Contract Act (IX of 1872), Section 2 (h) Suit for the specific performance of the property sale oral contract The High Court and the Trial Court established the existence of a sale agreement between the parties. When dealing with the question, relied on the evidence of the unwanted and independent witness, who was a minor witness in the receipt of the payment of the share agreement by consensus and clearly stated that the sale price had been agreed and agreed unanimously. It was considered that some money was paid to pay the check. Both the courts relied on the evidence of the aforesaid witness and stated that the sale agreement was between the parties. After certain consideration, the property remains in the buyer's favor in the CE record and does not face the misrepresentation of the existing evidence. , There was a contract for the sale of the property between the parties and there was a closing sale agreement that could be specifically enforced.

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