Law: Specific Relief Act, 1877

Section: 12

Law: Qanun-e-Shahadat (10 of 1984)

Section: 122

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Contract Act, 1872

Section: 11

Specific Relief Act (I of 1877)--- ----S. 12---Contract Act (IX of 1872), S.11---Qanun-e-Shahadat (10 of 1984), Art.122---Constitution of Pakistan (1973), Art.185(3)---Suit for specific performance of. agreement to sell---Age---Determination---Plea of defendant was that such agreement was void as he was minor at the time of its execution---Radiologist after examining defendant certified that he was more than 24 years of age on date of examination---Year of defendant's birth as shown by his father in Form submitted for obtaining National Identity Card tallied with report of Radiologist---Suit was concurrently decreed by Courts below---High Court had rightly not allowed defendant to produce additional documents as material already placed on record was sufficient for pronouncement of ---Supreme Court dismissed petition and refused leave to appeal. JUDGMENT TANVIR AHMED KHAN, J.--- Leave to appeal is sought against the judgment, dated 24-10-2001 .whereby a learned Single Judge of the Lahore High Court, Lahore, dismissed Civil Revision No.537-D of 1995, filed by the petitioners, upholding the judgments and decrees of the Courts below. 2. Facts briefly are that the respondent filed a suit for specific performance of a contract regarding 2/7 share of House No.5/253, situated in Ward No.5, Mandi Bahauddin. The pleas taken by' the respondent were controverted by the petitioners-defendants and due to contradictory pleas of the parties, issues were framed and the parties led their evidence. The learned Civil Judge, Mandi Bahauddin, after scanning the entire evidence, decreed the suit. The petitioners jailed an appeal against the above judgment, which was rejected by the learned District Judge, Mandi Bahauddin, through his judgment, date& 15-9-1994. The petitioners filed a civil revision in the Lahore High Court, Lahore, which too met the same fate as it was dismissed through judgment, dated 24-10-2001 passed by a learned Single Judge. Hence, this petition for leave to appeal. 3. The argument advanced by the learned counsel for the petitioners that the petitioner No.2 was minor, as such the agreement dated 5-1-1984 could not have been executed and the…

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