Law:

Section:

(a) Civil Procedure Code (V of 1908)-- -- S. 100-Second Appeal-Question of fact-Question whether an agreement executed or not-Purely a question of fact-Cannot be challenged in second appeal unless shown to have been based on mis­reading of evidence on basis of non-consideration of important evidence on record.-[Question of fact-Evidence]. (b) Civil Procedure Code (V of 1908)- S- 100-Fraud-Execution of agreement not proved-Question whether agreement obtained by fraud, held, does not arise in circum­stances-No separate issue framed on question, such question, held further, could be examined by Courts below being purely question of law.-[Question of law]. (c) Colonization of Government Lands (Punjab) Act (V of 1912)- S. 19-Transfer of land-Agreements of sale-Abandonment of rights before conferment of proprietary rights-Specific performance of agreement subject to permission of Collector-Such permission not obtained- Rights, held, not relinquished on date when agreements executed. Ghulam Muhammad v. Lakha Singh and another A I R 1935 Lab. 181 ; Fateh Muhammad v. Muhammad Shafi P L D 1953 Lab. 251 ; Ghulam Rasul etc. v. Muhammad Anwar and others 1969 S C M R 254 and Mirza Muhammad Ahmad Beg v. Mirza Amjal Beg P L D 1978 Lab. 421 ref. JUDGMENT This judgment will dispose of R. S. A. No. 860 of 1965 and R. S. A. No. 871 of 1965 as both the appeals raise almost identical questions of fact and law. R. S. A. No. 860 of 1965 2. This appeal has been filed against the judgment of the learned Additional District Judge, Sahiwal dated 7th April, 1965 by which he affirmed the judgment and decree of the learned Civil Judge, Pakpattan dated 9th October, 1964. 3. Briefly the facts of the case are that Nura the present appellant bad filed a suit for a declaration to the effect that he was the owner of the land measuring 32 kanals 1 marls of lot No. 7, Square No. 16/3 to 6, 26 and 28 of Chak No. 85/D, Tehsil Pakpattan which he had purchased in open auction for Rs. 2,044 alongwith the respondent as a co-sharer to the extent of 1/2 share. According to the appellant a sum of Rs. 868 has been paid by way of earnest money and all further instalments were also paid by him. The…

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