Law: Specific Relief Act, 1877

Section: 12

Law: Civil Procedure Code (V of 1908)

Section: 5,31

Specific Relief Act (I of 1877)--- ----S. 12---Civil Procedure Code (V of 1908), S.100, O.XX, R.5 & O.XLI, R. 31---Suit for specific performance of agreement to sell---Second appeal---Misreading and non-reading of evidence---Points for consideration in judgment---Judgments at variance---Scope---Respondent / plaintiff claimed that appellant / defendant executed agreement to sell a house owned by him---Suit was dismissed by Trial Court but Lower Appellate Court decreed the same in favour of respondent / plaintiff---Validity---Lower Appellate Court had given its judgment without appraisal of evidence, and it was also contrary to record---Finding of Lower Appellate Court in its judgment about "admission" regarding payment of substantial amount of sale consideration, was a complete misreading of evidence and was illegal---If Lower Appellate Court was to disagree with findings of Trial Court, which handed down its judgment while discussing issues framed in accordance with O. XX, R. 5, C.P.C., then Lower Appellate Court [Court of Final Facts], had to do issue-wise discussion, which had not been done---At least points for consideration as required under O. XLI, R. 31, C.P.C. should have been framed for giving decision accordingly---Only a formal point for determination was framed that whether judgment of Trial Court called for interference or not---High Court set aside the judgment passed by Lower Appellate Court as it was in violation of principle settled by Supreme Court and was given in a slip shod manner, without application of judicial mind, that included, element of visible fairness in a decision---Second Appeal was allowed, in circumstances. Ahmad Ali alias Ali Ahmad v. Nasar-Ud-Din and another PLD 2009 SC 453 rel. JUDGMENT MUHAMMAD FAISAL KAMAL ALAM, J.----Due to commonality, through this Judgment, the title Cases are decided. 2. It is necessary to clarify first the status of the Constitution Petition No.S-167 of 2021, which is filed against the Judgment dated 24th March 2021, passed by the learned Appellate Court in the First Rent Appeal No.01 of 2021 preferred by Muhammad Yasin, holding that the Order of the Executing Court [Rent Controller] to sine die…

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