Law: Civil Procedure Code (V of 1908)

Section: 100

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 4th November 1970, in R. S. A. No. 428 of 1969).   Civil Procedure Code (V of 1908), ----- -----S. 100-High Court in second appeal applying its mind to facts of case and holding that there being concurrent findings of fact, order of Courts below could not be interfered with simply because some other viewpoints could also be taken-Supreme Court also examined evidence and found findings of Courts below based on evidence of parties-Special Leave to Appeal refused. Abdul Majid and others v. Khalil Ahmad P L D 1955 F C 38 ref. Date of hearing : 13th April 1970. ORDER WAHIDUDDIN AHMAD, J.-Respondent, under an agreement dated the 5th January 1966, agreed to sell in favour of the petitioners his half share in agricultural land measuring 356 Kanals, 18 Marlas, situated in village Machhika, Tehsil and District Sheikhupura, for a sum of Rs. 40,000. He acknowledged to have received a sum of Rs. 10,000 as earnest money from the petitioners. Subsequently, the respondent sold his half share in the above-mentioned land in favour of the petitioners under a sale-deed dated the 21st March 1966, registered on the 22nd March 1966. Rs. 30,000 were paid by the petitioners to the respondent at the time of registration before the Sub-Registrar and the balance of the amount was acknowledged to have been received. The respondent brought a suit for cancellation of the above mentioned sale-deed on the ground that he was a simpleton and weakling mentally as well as physically. He was under the influence of the petitioners due to relationship, who finally prevailed upon him and obtained the impugned sale-deed in their favour. He alleged that the impugned sale-deed was without consideration and obtained by undue influence. The trial Court decided issues Nos. 5, 6 and 7 in favour of the respondent and granted him a decree by judgment dated the 20th December 1967. The respondent's appeal was dismissed on the 7th March 1969, by the learned Additional District Judge, Sheikhupura. Thereupon, the petitioners filed R. S. A. No. 428 of 1969, but a learned Single Judge of the High Court of West…