Law: Constitution of Pakistan, 1973

Section: 185(3)

Constitution of Pakistan (1973)--Art. 185(3)---Question of fact---Concurrent findings of two Courts below---Question agitated by petitioner was purely a question of fact which had been concurrently found by the two Courts below against the petitioner---Neither any misreading of evidence was found by the Courts' below nor non-consideration of any material piece of evidence on record was noted---Leave to appeal was refused. THIS JUDGMENT DELIVERED BY: SAIDUZZAMAN SIDDIQUI, CHIEF JUSTICE:---.--- The petitioner is seeking leave to appeal against the judgment of a learned Judge in Chambers of Lahore High Court, Multan Bench, dated 11-10-1999, whereby Regular First Appeal No.1 of 1988 was dismissed with the following direction: 14. For the reasons above, there is no substance in this appeal which is accordingly dismissed. It is, however, directed that if the balance amount of consideration in terms of impugned decree has not so far been deposited, the same shall now be deposited by the respondents within three months, failing the suit shall be deemed to have been dismissed. 2. In seeking leave to appeal, the learned counsel for the petitioner contended that the agreement of sale alleged by the respondents could not be proved as one of the marginal witnesses of the said agreement was never produced and examined before the trial Court. The trial Court as well as the learned 1st Appellate Court came to the conclusion that the agreement was a registered document which was witnessed by Muhammad Younis, Lumberdar, and Ch. Shah Muhammad. Out of the two attesting witnesses of the document, Muhammad Younis was produced in Court. The respondents also produced before the Court Niaz Ahmed Khan the person who drafted the agreement of sale, who also supported the case of the respondents. The document was duly registered and was thumb-marked by the petitioner. Both the Courts below after analysing the evidence of the abovementioned witnesses, came to the conclusion that the respondents succeeded in proving the execution of sale agreement and payment of sale consideration. The learned counsel 'for the petitioner contended before us that Muhammad Yunis, Lumberdar, who was produced in…

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