Law:

Section:

(a) Constitution of Pakistan (1973)--- ----Art. 185(3)---Leave to appeal was granted to consider whether High Court had misread evidence and had ignored material evidence. (b) Transfer of Property Act (IV of 1882)--Ss. 54 & 53-A---Construction of document---Concurrent finding of fact by Courts below---Effect---Constitution of Pakistan (1973), Art.185---Agreement whether a sale-deed or agreement of sale---Contents of document in question, showed that such document was only an agreement of sale and not a sale-deed---Courts below had also come to same conclusion and in so doing Court had not misread the evidence---Finding of fact which was based on proper appreciation of evidence was not open to exception. (c) Contract Act (IX of 1872)--- ----S. 10---Agreement of sale---Validity---Variation between agreement of sale and mutation entered on basis thereof---Extract from scribe register showed that additions and deletions had been made in the sale agreement---Agreement in question when scribed, was in favour of one person but names of two other persons (brothers of appellant) had been added between the lines but the singular term "wald" (son) could not be changed into plural---Appellant's efforts to name all of them between the lines had created doubts and execution of such agreement had become dubious---Such fact, had not been rebutted by convincing evidence---Sale agreement was, thus rightly discarded by Courts below---Sale agreement was not proved in circumstances. JUDGMENT ABDUL QADEER CHAUDHRY, J: --These two appeals by leave of the Court are directed against the judgment of the Peshawar High Court dated 25-11-1985. 2. The facts of the case as borne out from the record and noted in the Leave Granting Order are as under:-- 3. On 8-6-1974 a mutation was attested whereby Suhbat Khan, respondent No. 1, was stated to have sold land measuring 43 Kanals 10 Marlas, situate in village Sheikh-ul-Bandi of Tehsil Abbottabad to Muhammad Atiq, respondent No.4, for a sum of rupees 62,000. Abdul Malik and Pervez Khan, respondents Nos.2 and 3, filed a suit for a declaration-cum-pre-emption. They alleged that the alienation made by Suhbat Khan was in excess of his entitlement…

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