Law:

Section:

Specific Relief Act (I of 1877)--S. 12---Qanun-e-Shahadat (10 of 1984), Art. 84---Suit on basis of sale agreement---Sale agreement and payment of consideration having not been proved by plaintiff, Trial Court and High Court had rightly dismissed plaintiff's suit which finding could not be disturbed---Plaintiff's contention that suit filed by defendants for possession was still pending adjudication therefore, disposal of his appeal was not warranted, could not be entertained for it was for plaintiff to have requested High Court to dispose of both appeals together---Plaintiff's second contention that there was sufficient material on record to prove factum that defendants had agreed to sell property in question, was of no consequence for his failure to produce any sale agreement---Plaintiff had solely relied upon alleged receipt of specified amount which appeared to have been signed by only one defendant---Plaintiff attempted to prove receipt in question by producing two witnesses but Courts had rightly disbelieved them---Comparison of signatures on receipt with admitted signatures of defendant showed that they were not signed by the same person---Other striking dissimilarities in spellings etc. also existed---Concurrent findings of two Courts below seemed to be in consonance with evidence on record---Leave to appeal was refused in circumstances. Ch. Abdul Shakoor, Advocate Supreme Court for Petitioner. Zafar Iqbal Ch., Advocate Supreme Court for Respondents. Date of hearing: 19th January, 1997. ORDER AJMAL MIAN, J.---This is a petition for leave to appeal against the judgment dated 11-3-1996 passed by a learned Single Judge of the Lahore High Court in R.F.A. No.268 of 1994, filed by the petitioner against the judgment and decree dated 30-10-1994 of the learned Civil Judge, Kamalia, dismissing the petitioner's suit for declaration (Civil Suit No.212-1 of 1992), in the alternative for specific performance of the sale agreement and decreeing the respondents' suit for possession (Civil Suit No.537-1 of 1989), dismissing the same by maintaining the above dismissal judgment/decree. 2. The brief facts are that the respondents filed their suit in 1989 for the above…

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