Law:

Section:

(a) Specific Relief Act (I of 1877)-------S. 12---Agreement to sell---Onus to prove---Mesne profits and damages, grant of---Sale agreement was made on the date with defendant when he was in police custody in murder charge---Plaintiffs who were in possession of the suit property failed to prove their version about the sale agreement---Validity---Burden of proving the issues was upon the plaintiff but no tangible evidence was produced to prove that the sale agreement was executed for the said land---Where the plaintiffs themselves had admitted to be in possession of the property and availed the benefits of sugarcane crop and cultivating the other crops in the suit land the Trial Court had rightly awarded the damages and mesne profits---Trial Court had rightly disbelieved the evidence adduced by the plaintiffs and found the same to be unreliable---Findings of the Trial Court did not suffer from any inherent defect or misreading of evidence---High Court declined to interfere with the findings of the Trial Court---Appeal was dismissed in circumstances. PLD 1968 Lah. 1076; PLD 1968 Pesh. 70; PLD 1972 SC 59; PLD 1960 Dacca 1333; PLJ 1975 Kar. 215; PLD 1962 Pesh. 105; PLD 1961 Kar. 486; PLD 1980 Kar. 41; PLD 1989 SC 503; PLD 1989 Lah. 399; 1988 CLC 2388; 2000 SCMR 204; 1987 SCMR 624; 1987 MLD 3016 and PLD 1986 Lah. 399 ref. (b) Civil Procedure Code (V of 1908) --- ----O. XLI, R. 25, O. XIV, Rr.1 & 5---Additional issues framing of---New plea---Contention of the appellant was that no additional issues were framed by the Trial Court in respect of status of the land ---Validity--­Such plea had not been taken before the Trial Court as the same was ground for permitting the additional issue related to the Court of original jurisdiction---High Court declined to consider such plea to remand the case. ORDER By this judgment I intend to dispose of above appeals being 1st Civil Appeals Nos. l5 of 1991 and 16 of 1991 as both these suits were consolidated vide order, dated 21-1-1991 by the trial Court. The facts giving rise to the instant appeals are that the agricultural land measuring 19.22 acres and 9.00 acres Siknt land belong to defendant No.4 (hereinafter known as…

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