Law: Constitution of Pakistan, 1973

Section: 212(3)

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

Section: 129

Law: Specific Relief Act, 1877

Section: 12,22

Constitution of Pakistan, 1973-- ----Art. 212(3)--Specific Relief Act, 1877, S. 12--Suit for specific performance--Decreed--Appeal--Dismissed--Revision petition--Allowed--Case was remanded to High Court to decision afresh on merits--High Court dismissed revision petition--Agreement to sell--Earnest money was paid--Concurrent findings--Challenge to--Transfer of property by way of gift in favour of his sons by Muhammad Akram was obviously a device to deprive Respondent of his right that has accrued to him by reason of execution of agreement to sell and payment of earnest money--Even otherwise, gift could not be proved--Neither date of attestation nor name or place when oral gift was made could be established--Further, no witness in whose presence oral gift was made was examined--Petitioners have been blowing hot and cold in same breath--They first denied agreement to sell and receipt of earnest money and then tried to get out of deal by offering to return earnest money and paying an additional sum of Rs. 100,000/- by way of penalty--Attempts were made to defeat rights of Respondent by manipulating official records and claiming that a gift was orally made by Muhammad Akram in favour of his sons which was never proved--Delay in finalization of present matter is clearly attributable to petitioners--In our view, law as well as equity in present case leans towards Respondent rather than petitioners--Learned counsel for petitioners has not been able to show us that there was any legal, procedural or jurisdictional defect, error or flaw in impugned that may require grant of leave by this Court--Judgments of lower fora which are concurrent are well reasoned, cover all material and factual aspects and do not require any interference by this Court by way of grant of leave to appeal--Civil Petition was dismissed. Qanoon-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 129--Testimony of witness--Petitioner No. 1 who had signed agreement did not dispute his signatures--Further absence of Muhammad Akram from witness box was fatal to petitioners' case--In terms of Article 129 of Qanoon-e-Shahadat Order, 1984 there was a strong presumption against Muhammad Akram for withholding…

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