Law:

Section:

(a) West Pakistan Consolidation of Holdings Ordinance (VI of 1960)--- ----S.24---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to consider whether in second appeal it was not open to High Court to interfere with concurrent findings of Courts below on the question of sale, particularly when recording their conclusions they had considered the entire evidence on record and whether the sale set up by respondents was in any event void as it was in contravention of provisions of S.24, West Pakistan Consolidation of Holdings Ordinance, 1960. (b) Contract Act (IX of 1872)--S. 2 (e)---West Pakistan Consolidation of Holdings Ordinance (VI of 1960), S. 24---Constitution of Pakistan (1973), Art. 185---Agreement to sell--­Evidentiary value of---Agreement to sell would not create title in itself---So long as regular sale-deed was not executed between the parties or decree for specific performance was not obtained, title would vest in transferor--­Document constituting agreement to sell was thus, of no help to respondents to confer title on them-- -Secondary evidence produced in support of payment of consideration through receipt was not convincing---Respondents had, thus, failed to discharge onus of proving sale transaction---Trial Court and Appellate Court on appraisal of evidence had correctly found that alleged sale in favour of respondents on behalf of appellants had not taken place---High Court had not adverted to the fact that respondents had failed to discharge onus of proving sale transaction---Judgment of High Court was set aside and that of trial Court as affirmed by Appellate Court was restored in circumstances. JUDGMENT WALI MUHAMMAD KHAN, J.---Hayat Muhammad and others, appellants herein, through leave of the Court, have called in question the judgment dated 22-9-1987 passed by a learned Single Judge of the Lahore High Court, whereby Regular Second Appeal No.797 of 1972 filed by Tajuddin and others, respondents herein, was accepted and the judgments and decrees dated 13-12-1972 passed by the Additional District Judge, Gujranwala and that of the trial Court dated 6-5-1971 were set aside resulting in the dismissal of the suit filed by…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492