Law: Constitution of Pakistan, 1973

Section: 185(3)

Constitution of Pakistan (1973)--Art.185(3)--Petition for leave to appeal--Matter in issue thoroughly examined by Trial Court as well as by High Court in the light of evidence on record-­Findings arrived at as such based upon due and proper appreciation of evidence on record and petitioner unable to point out any error therein--Leave to appeal refused. Suleman Oasim, Advocate Supreme Court for Petitioners. Kanwar Akhtar Ahmad, Advocate Supreme Court and M.S. Ghaury, Advocate-on-Record for Respondents. Date of hearing: 20th September, 1988. ORDER USMAN ALI SHAH, J.--The petitioners in this petition have come upto this Court for seeking leave against the judgment and order, dated 7-2-1988 of the High Court of Sind, wherein 2nd Appeal No.4 of 1984 of the respondents against the order of the Vth Additional District Judge, Karachi, dated 2-5-1984, was accepted by the impugned judgment. A sale-decd was executed between Mst. Hajiani Fatima Bai (respondent herein) and Muhammad (deceased) predecessor-in-interest of the petitioners herein, regarding a plot measuring 120 sq. yds. for a consideration of Rs. 5,500, on 17th August, 1968. The plot in question was allotted to the deceased from Hussain Abad Co-operative Housing Society. The Vendor agreed to complete his part of transaction of the plot in dispute free from all encumbrances on receipt of the consideration from the Vendee (Mst. Hajiani Fatima Bai). With the consent of the deceased, Mst. Hajiani carried out some superstructure work which cost her Rs.8500 on the disputed plot. The deceased went back from his promise to complete his part of transaction with the respondent. As a result the respondent filed a suit for specific performance of the aforesaid agreement and a clam for Rs.8,500 which the respondent had spent on the superstructure of the plot was also preferred in the Court of the XIIIth Civil Judge, Karachi. On the pleadings of the parties the learned trial Judge framed 8 issues out of which issue No.4 was the…

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