Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----S.115---Revisional jurisdiction of High Court---Concurrent findings of fact by the courts below---Principle---High Court does not interfere in concurrent findings, until and unless same are result of misreading and non-reading of evidence, arbitrary, perverse, shocking, un precedented, besides the law, mandate of dictums of superior courts of the country and are without jurisdiction. 2001 SCMR 1700 and 2000 SCMR 974 rel. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art.133---Fact not cross-examined---Effect---When any witness is not cross-examined on the stance taken by him in examination-in-chief, that tantamount to admission. (c) Specific Relief Act (I of 1877)--- ----Ss.12 & 22---Specific performance of agreement to sell---Refusal to grant decree---Fraud and cheating---Concurrent findings of fact by the courts below---Suit filed by plaintiff was concurrently decreed in his favour by Trial Court as well as by Lower Appellate Court---Validity---Present case was that of cheating, deception, exploitation and nothing but a fraud, as plaintiff through devise of so called agreement defrauded defendant, who was a poor man---To decree any suit, as provided by S.22 of Specific Relief Act, 1877, specific performance was discretionary and courts were not bound to grant the relief merely because, it was lawful---Defendant was at disadvantageous position when so-called agreement was executed, therefore, courts below were required to decline the relief instead of granting the same---High Court, in exercise of revisional jurisdiction, set aside s and decrees passed by both the courts below and dismissed the suit---Revision was allowed in circumstances. 2001 CLC 1431; 2000 YLR 1805; 1997 MLD 1975 and 2001 CLC 138 ref. ORDER SHAUKAT AZIZ SIDDIQUI, J.---Facts presented through instant petition are as follow:-- Mubarak Din Khan (respondent No.1) filed a suit for specific performance of the sale agreement dated 15-9-2003 executed between Ali Haider (petitioner) and respondent No.1 in respect of Plot bearing No.44, St. No.118, Sector G-13/4, Islamabad measuring 25x40, which was allotted by FGEHF (respondent No.2) to respondent No.1…

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