Law: Civil Procedure Code (V of 1908)

Section: 100

Law: Constitution of Pakistan 1973

Section: 185

(a) Customary law Sale-Person dealing with an agriculturist governed by customary law-Presumed to know agriculturist's powers of aliena tion being limited and alienation being not permissible without some necessary purpose--Alienee hence, bound in duty to satisfy himself as to ancestral property being transferred for some valid object recognised by customary law and to make an honest inquiry in such regard.   (b) Civil Procedure Code (V of 1908) S. 100-Second appeal-Concurrent findings of trial and first appellate Courts as to presence of consideration and legal necessity impugned transaction of sale upset by High Court-Held: Con ' rent findings of two lower Courts could not be set aside in absence of any of contingencies prescribed in S. 100. (c) Constitution of Pakistan (1973) Art. 185 --Leave to appeal proceedings-Contention that all defence witnesses having belonged to a different village their evidence ought not have been relied upon by trial Court and first appellate Court-Held: Misconceived-Trial Court having had benefit of seeing demeanour of witnesses and believing them, con tention could not be reopened in leave to appeal proceedings. Dates of hearing : 1st and 2nd April 1980.                                                                                                                JUDGMENT G. SAFDAR SHAH, J-Tile dispute in this case relates to 53 kanals and 9 marlar of agricultural land situate in Bhatta Kalan, District Sialkot. The land in question belonged to late Hussain Bakhsh, the predecessor-in interest of the appellants, who sold the same to Muhammad Khan for Rs. 30,000 vide registered sale deed, dated 19th September 1953. Late Ahmad Din, the predecessor-in-interest of the respondents, filed a suit against Hussair Bakhsh for declaration to the effect that the sale transac tion entered into by him was without consideration, as well as legal necessity,…