Law:

Section:

Specific Relief Act (I of 1877)-------S. 12---Civil Procedure Code (V of 1908), S.115---Qanun-e-Shahadat (10 of 1984), Art.100---Suit for specific performance---Revision---Concurrent findings---Trial Court dismissed the suit---Appellate Court dismissed appeal---Plaintiff contended that agreement to sell being a thirty years old document supported by possession of land, presumption of genuineness was attached to such document---Validity---Plaintiffs failed to prove their case---Concurrent findings were immune to interference except where gross illegality or irregularity was floating on the surface of s---Revision was dismissed. Zar Wali Shah v. Yousaf Ali Shah and others 1992 SCMR 1773 and Mrs. Mussarat Shaukat Ali v. Mrs. Safia Khatoon and others 1994 SCMR 2189 ref. Allah Dad and 3 others v. Dhuman Khan and 10 others 2005 SCMR 564 rel. ORDER ATIR MAHMOOD, J.---This civil revision is directed against impugned judgment and decree dated 19-9-2013 passed by the learned Additional District Judge, Arifwala who dismissed the appeal filed by the petitioners against judgment and decree dated 31-1-2012 passed by the learned Civil Judge Class II, Arifwala whereby the suit filed by the petitioners for specific performance of contract along with perpetual injunctive relief was dismissed. 2. Brief facts of the case are that the petitioners filed a suit for specific performance of contract regarding agricultural land measuring 42 kanals situated in Khewet No. 134/135 Khatooni No. 369, of Chak No. 207, Tehsil Arifwala, District Pakpattan, on the basis of agreement to sell dated 6-9-1968 for a total consideration of Rs.6500. It is alleged that at the time of agreement Rs.1000 had been paid as down payment whereas the remaining amount of Rs.2000 had been paid on 10-8-1969, Rs.1000 was paid on 21-7-1970. Thereafter, the petitioners paid Rs.1100 whereas the remaining amount of Rs.1400 was made on 9-4-1992 in presence of witnesses and possession of the property was delivered in continuation of the said agreement. 3. The suit was contested by the respondents vehemently by filing written statements. Keeping in view divergent pleadings of the parties, learned trial court framed…

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