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Initializing Secure Chambers
Petitioner: MUHAMMAD SAEED VS Respondent: Mst. SARDAR BEGUM and 4 others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Saad Saood Jan Title: MUHAMMAD SAEED vs Mst. SARDAR BEGUM and 4 others Case No.: Civil Petition for Leave to Appeal No,866 of 1986 Date of Judgment:1989-10-22 Reported As: 1990 SCMR 1176 Result: Leave granted
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a plaintiff; against the dismissal by the High Court, of his Regular Second Appeal. ' The petitioner's suit for specific performance and possession was decreed. On respondents' appeal, the decree was reversed. The petitioner's Regular Second Appeal was also dismissed by the High Court as the agreement to sell relied upon by him was excluded on account of absence of valid "attestation". Learned counsel contended that although the attestation before "execution" would not be treated as proper attestation and for this reason the agreement to sell was liable to be excluded from consideration; yet, he vehemently contended, the agreement to sell involved in this case was not required by law to be attested by witnesses. Only execution was necessary. He, in this behalf, also referred to relevant provisions of the Transfer of Property Act. He further contended that the document could have been read and relied upon as duly "executed" though without attestation; which as argued, was not necessary. ' This and the other questions raised in this petition require examination. Leave to appeal is granted. ' Security Rs,5,000. ' The appeal shall be prepared on present record with direction to the parties to file all those documents which would be necessary for disposal of appeal. ' No alienation of the property in dispute in the meanwhile.