Law:

Section:

Appeal to Supreme Court--Finding of fact--Contract of sale­ Whether one or other party failed to carry out his part of agreement-Question of fact-Concurrent findings of Court below Held, could not be interfered with unless finding vitiated by misread­ing of evidence or ignoring of material evidence. ORDER ANWARUL HAQ, J.-This petition for special leave to appeal has arisen out of a suit for specific performance instituted by the petitioner, Haji Saeedur Rahman, against the respondents, in respect of the sale of four shops, with a Balakhana over them, situate in Qissa Khawani Bazar, Peshawar. The petitioner is in possession of the property as a tenant, under respondent No. 1, Nasrullah Jan. On the 12th of December 1961, the respondent executed an agreement for sale in favour of Haji Saeedur Rahman for Rs.80,OU0, out of which a sum of Rs.10,000 was paid to the vendor as advance. The sale was to be executed and registered up to 31-7-1962. However, on that date the parties entered into a fresh agreement in supersession of the previous one, and the advance of Rs.10,000 was refunded to the petitioner. Under the fresh agreement, the property was to be sold to the petitioner far Rs.60,000 out of which a sum of Rs.3,000 was paid as advance, and the sale deed was to be execu­ted and registered before the 20th of November 1962. On the 18th of February 1963, the respondent, Nasrullah Jan, sold the property to Khadim Hussain (respondent No. 2) for a sum of Rs.40,000, and the necessary sale deed was registered on the 19th of February 1963. The petitioner instituted his suit on the 17th of April 1963, demanding specific performance of the agreement of sale, and alleging that the vendee, Khadim Hussain, had full knowledge of the said agreement and was not protected under section 27 of the Specific Relief Act. The suit was resisted by the defendants mainly on the ground that the vendor had been willing and ready at all times to carry out his part of the agreement, but the petitioner failed to have the sale registered within the specified time, and even failed to act on receipt of a notice sent to him by the vendor on the 19th of January 1963, giving him 15 days time to have the…

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