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Initializing Secure Chambers
Petitioner: MUHAMMAD ASLAM VS Respondent: MUHAMMAD TUFAIL
Court Name: Supreme Court of Pakistan Judge(s): Aslam Riaz Hussain, Shafi-ur-Rehman Title: MUHAMMAD ASLAM vs MUHAMMAD TUFAIL Case No.: Civil Petition No. 470 of 1980 R.S.A. No. 952 of 1979 Date of Judgment:1985-03-03 Reported As: 1985 SCMR 1382 Result: Leave refused
Judgment ORDER SHAFIUR RAHMAN, J.--The petitioner sought specific performance of a contract to sell land. The respondent resisted on the ground that in the garb of getting a lease deed executed the petitioner had subjected him to fraud and got an agreement to sell executed. The trial Court upheld the plea of the respondent so did the first appellate Court and the High Court in second appeal. The petitioner now seeks leave to appeal against the judgment of the High Court, dated 10th of February, 1980. The learned counsel for the petitioner contends that the evidence produced by the plaintiff- respondent was all hearsay and not worthy of credit. On such an evidence his defence could not succeed. According to the learned counsel it is a case of no evidence. The fact that the respondent has been adjudged by the Courts) to be an illiterate and simpleton is not disputed. It is also not disputed before us that the entries in the Khasra Girdawari show the petitioner not as a prospective vendee but as a lessee. None of the witness whose statement the learned counsel has been able to read out to us stated in specific terms that the agreement to sell the land was read out, explained and was understood by the respondent. In such a situation, the Court could justifiably hold that the agreement to sell, which the petitioner wanted to utilise was a tainted document and relief could be refused to him on its weakness. There is no question of law to be examined further. Leave to appeal is, therefore, refused.