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Civil Procedure Code (V of 1908)-----S. 100--Second appeal--Concurrent findings of fact--Interference with--Findings concurrently arrived at by two Courts below being based on misreading and non-reading of evidence reversed in second appeal-­Held: In a case where entire evidence had not been kept in view or where legal result flowing from such evidence was not duly given effect to, High Court was amply justified in interfering in second appeal with findings of fact. A.R. Shaukat, Senior Advocate Supreme Court instructed by M. Aslam Chaudhry, Advocate-on-Record for Petitioners. M. Ismail Qureshi, Senior Advocate Supreme Court with S. Inayat Hussain and Tanvir Ahmad, Advocate-on-Record for Respondents. Date of hearing: 10th September, 1985. ORDER SHAFIUR RAHMAN, J.--The defendants in suit for specific performance of agreement to sell by two separate petitions seek leave to appeal against the judgment of the Lahore High Court, dated 24-5-1980 whereby the Regular Second Appeal of the plaintiff was accepted the judgment and decree of the two Courts below was set aside and the suit decreed. 2. Muhammad Ismail, the plaintiff-respondent claimed to have entered into an agreement (Exh. P. 1) on 30-9-1975 to purchase a residential plot measuring one Kanal in Chak No. 439/E.B. Burewala, of which Noor Muhammad the predecessor-in-interest of petitioners (in C.P. 1276 of 1980) was a co-sharer. The price fixed was Rs.12,500 of which two thousand was received and the remainder was to be paid on 28-10-1975 and the conveyance deed got registered. On 20-10-1975 the plaintiff instituted a civil suit claiming a declaration that he was in possession of this plot under the agreement to purchase it and the owner should be restrained from alienating it to anyone including the other petitioner Abdul Hameed. It was claimed by the plaintiff that the very next day to the institution of the suit, the vendor Noor Muhammad accepted the balance and executed a receipt for the amount. This receipt (Exh. P. 2) was executed by no other person than Abdul Hameed petitioner. Nevertheless, the vendor executed on the same day a registered deed in favour of Abdul Hamid for the same plot for Rs.9,000. The…

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