Law: Specific Relief Act, 1877

Section: 12,39

Law: Constitution of Pakistan, 1973

Section: 185(3)

Specific Relief Act (I of 1877)--- ----Ss. 12 & 39---Constitution of Pakistan (1973), Art. 185(3)---Specific performance of agreement to sell---Cancellation of agreement to sell--­Concurrent findings of fact by the Courts below---Plea of coercion or undue influence--- Document, cancellation of---Plaintiff had proved the execution of agreement to sell and sale receipt through the testimony of marginal witness who also corroborated the testimony of other witnesses---Suit was decreed by Trial Court in favour of the plaintiff and the and decree was maintained by High Court---Contention of the defendant was that the agreement was a result of coercion and under influence---Validity---If coercion or undue influence was effected upon the defendant then -he should immediately have filed a suit for cancellation of agreement---Trial Court after thorough scanning of evidence had decreed the suit and the Nigh Court maintained the same after going into depth of the same---No irregularity or illegality warranting interference in the concurrent findings was found by Supreme Court---Leave to appeal was refused. ORDER TANVIR AHMED KHAN, J.---Leave to appeal is sought against the judgment, dated 10-4-2001 whereby R. F. A. No. 185 of 1993 filed by the petitioner was dismissed maintaining the earlier judgment of the leaned Civil Judge 1st Class, Burewala, dated 26-7-1993. 2. Facts briefly as narrated in the petition are that the respondents filed a suit for possession alongwith specific performance of an agreement on 1-2-1986 claiming therein that the petitioner/defendant was owner of land to the extent of 1/3rd share out of 952 Kanals, 6 Marla situated in Khata No. 14, Khatooni Nos. 57 to 63, 64/1 Mominpura Tehsil Ferozewala, District Sheikhupura. An agreement Exh.P.1 was stated to have been executed on 1-10-1984 between the parties for a consideration of Rs.11,80,000 out of which Rs.10,00,000 was given as earnest money vide receipt Exh. P-2. It was also one of the terms of the agreement that the sale deed would be registered up till 5-1-1986. 3. The petitioner controverted the pleadings and alleged that the agreement Exh. P.1 was forged, fictitious and outcome of fraud…

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