Law:

Section:

Specific Relief Act (I of 1877) S. 12 Constitution of Pakistan (1973), Art. 185(3) Agreement to transfer shop in question for a specific amount of consideration was executed by defendants in favour of plaintiff Trial Court on basis of such agreement granted decree for specific performance of. agreement in question Appellate Court and High Court in revision, considering agreement in question to be agreement of mortgage, set aside Trial Court's decree Validity Agreement in question, apparently was not scribed by deed writer Leave to appeal was granted to consider whether evidence regarding such agreement being an agreement to sell had been produced which stood unrebutted as neither the executant of deed nor her husband volunteered to depose on oath that deed in question, was an agreement of mortgage nor they subjected themselves to cross examination. ORDER WALI MUHAMMAD KHAN, J. Muhammad Salim and others, heirs of Abdul Majeed deceased/plaintiff, call in question the judgment dated 22 9 1993 passed by a learned Single Judge of the Peshawar High Court, whereby Civil Revision No. 286/90 filed by the petitioners against the judgment of the appellate Court dated 27 5 1990 accepting the appeal of the respondents and by setting aside the judgment of the trial Court dismissing their suit for specific performance of the agreement, was dismissed. We have heard Qazi Muhammad Salim, Senior Advocate, for the petitioners, and have perused the record of the case. The trial Court vide judgment dated 7 11 1989 while giving its finding on issues Nos. 6 and 7 came to the conclusion that through the impugned agreement deed dated 2 10 1961 Exh.…

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