Law:

Section:

Specific Relief Act (I of 1877)-------S. 12---Civil Procedure Code (V of 1908), S.100---Second appeal--­Concurrent findings of facts by both the Courts below---Appellant/plaintiff filed a suit for specific performance of an agreement to sell---Such suit was dismissed by Trial Court and decision was upheld by Lower Appellate Court---Validity---Both the Courts below had fully appreciated the evidence and had come to a concurrent finding on fact that the agreement to sell was a forged document---No misreading or non-reading of evidence was found ­Appreciation of evidence by both the Courts below was also not based on any material irregularity---Second appeal being without merit, was dismissed accordingly. Mian Muhammad Jamal for Appellants. Mian Arshad Latif for Respondent. ORDER This regular second appeal impugns the concurrent findings of two Courts below. This was a suit for specific performance of an agreement to sell. The suit was dismissed by Ch. Habib-ur-Rehman, learned Civil Judge, 1st Class, Karor, District Layyah, on 13-2-1999, and his judgment and decree was upheld by Mr Ijaz Ali Sial, learned Additional District Judge, Layyah, Camp at Karor, vide his judgment dated 2-7-1999. 2. Muhammad Ramzan in this case is the deceased-plaintiff and who is presently represented by his legal heirs. It was said in the plaint that Munawar Hussain was a pre-emptor in another suit of pre-emption bearing No.842 of 2-6-1986 and in which suit he succeeded, had entered into a agreement to sell the suit land of the said pre-emption suit to Muhammad Ramzan on 25-7-1989 for a consideration of Rs.1,50,000. That earnest money said to be of Rs.1,30,000 was received by Munawar Hussain against a receipt. The sale was to be completed on 11-1-1989 after the payment of the balance amount and as the defendant, now respondent, Munawar Hussain had not fulfilled his commitment, the suit for Specific Performance of Contract was brought against him. 3. The defendant denied the validity of the agreement dated 27-5-1989 (Euh.P.2) as well as the receipt for having received the earnest money, Exh.P.3. He denied passing over the possession of the property to Muhammad Ramzan. 4. It came to light…

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