MD. YUNUS vs ABDUR RAHIM AND 4 Other — 1970 SCMR 806

Citation: 1970 SCMR 806

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-06-22

Parties: MD. YUNUS vs ABDUR RAHIM AND 4 Other

Headnotes

Case cited as 1970 SCMR 806

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman Title: MD. YUNUS vs ABDUR RAHIM AND 4 Other Case No.: Petition for Special Leave to Appeal No. 29-D of 1970 Date of Judgment:1970-06-22 Reported As: 1970 SCMR 806 Result: Petition dismissed JUDGMENT JUDGMENT SALAHUDDIN AHMED, J.-This petition for special leave to appeal arises out of the order of the High Court dismissing the petitioner's Second Appeal and confirming the order of the lower appellate Court dismissing the plaintiff petitioner's suit. The petitioner's claim in the said suit was based on the sale deed, Exh. 1, alleged to have been executed in his favour by defendant No. 1 on receipt of a partial consideration of Rs. 450 out of the stipulated price of Rs. 500. Defendant No. 1 denied the execution of Exh. l., and on a comparison of his admitted signatures in another sale deed,. Exh. C-2 with the signatures of the executant in the questioned deed, Exh. 1, the Handwriting Expert, who was a witness, found that the signatures on the two different deeds were in two different hands. Besides there were the standard signatures of defendant No. 1, namely, on the vakalatnama and the written statement, and the lower appellate Court found that the signature of defendant No. 1 in Exh. C-2 tallied with his signatures in the vakalatnama and the written statement. The oral evidence also supported the finding of the lower appellate Court that defendant No. 1 did not execute Exh. 1. The High Court…

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