Law:

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Specific Relief Act (I of 1877)--S. 12---Constituticbn of `Pakistan (1973), Art. 185 (3)---Suit for specific performance of agreement' to sell---High Court's finding, that agreement in question, was not proved, was fully borne out by material on record---First Appellate Court, 'while holding the contrary view had not attended to the details of agreement concerning execution of documents in question and its decision suffered from infirmity of improper reading of evidence and lack of proper analysis of evidence--- Such finding could justifiably be interfered with in second appeal by the High Court---No case was made out for interference with finding of High court--Leave to appeal was refused in circumstances. ORDER SHAFIUR RAHMAN, J: --The petitioners seek leave to appeal against the judgment of the Lahore High Court dated 16-5-1992 whereby a Regular Second Appeal was accepted, the first appellate Court order was set aside and the dismissal of the suit as ordered by the trial Court was upheld. 2. The predecessor-in-interest of the petitioners had instituted a civil suit claiming specific performance on the basis of an earlier agreement to sell dated 12-11-1971 executed by Ghulam Muhammad, the owner, in his favour. He also challenged the transfer of the same land by registered deed to the predecessor-in-interest of respondents Nos.1 to 10 (Haji Nazir Ahmed) by Ghulam Muhammad on 27-4-1973 pending the suit for specific performance. A serious controversy with regard to the genuineness of the execution of the agreement dated 12-11-1971 arose. It was dealt with by the trial Court in the following words:- "The comparative study of the evidence of the parties available on record and arguments advanced by the learned counsels for the parties make it crystal clear that the plaintiff has failed to assert any logic or reason for the execution of Exhs.P.1 and P.2 at the District Headquarters Bahawainagar, when the services of petition writer and stamp vendor were available at Fortabbas as well as at Haroonabad. EXh.P.1 the agreement to sell is reported to be written at Serial No.1111 in the register of petition writer. On the stamp paper it is nowhere stated that from where…

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