06/06/2026
It is not mandatory that an agreement to sell be written or printed on a stamp paper as the law fully acknowledges even an oral agreement; in case of non-appearance of attesting witnesses to an agreement to sell, the contents and existence of said document cannot be proved in terms of Art. 17 and Art. 79 of the Qanun-e-Shahadat, 1984, which is mandatory---Record revealed that respondent/plaintiff appeared as witness and produced (got exhibited) subject matter agreement to sell and deposed that three persons signed the document as marginal witnesses---Respondent /Plaintiff also deposed that his son was scribe of the subject matter agreement to sell---Attesting witnesses as well as the scribe appeared as three witnesses of the plaintiff whose examination-in-chief was found consistent, and during cross-examination, the petitioner failed to impeach or discredit the testimony of said witnesses---Therefore, through oral evidence and by producing scribe and marginal witnesses the plaintiff /respondent discharged his onus as to existence and contents of the subject matter agreement to sell---Attack on the subject matter agreement to sell by the petitioner that it had no sanctity in the eyes of law was also ill-foundedly premised---In the present case, at maximum, the subject matter agreement to sell was on a simple paper or insufficiently stamped paper---Under the law a contract can be in writing or oral and oral agreement would be valid and enforceable just like a written agreement provided it fulfills the requirements of valid agreement---Therefore, the argument of the petitioner was meritless---
(2024 CLC 1886)
