Law:

Section:

Qanun-e-Shahadat (10 of 1984)---------Arts. 61 & 84---Specific Relief Act (I of 1877), S.42-Declaration of title---Concurrent findings of fact by the Courts below---Execution of agreement---Proof---Comparison of signatures and payment of consideration amount--Plaintiffs claimed to be the owners of suit land on the basis of agreement in their favour executed by the owner---Original agreement deed as well as certain other relevant documents were sent to handwriting expert by Trial Court---Report of handwriting expert revealed that the signature of executant on the agreement deed was bogus---Trial Court itself had also compared the signature of executant with the one available on the agreement deed and found that the same were dissimilar to the one put on the questioned agreement deed---Even payment of consideration was not proved---Material contradictions in the statements of plaintiffs witnesses were found---Trial Court dismissed the suit and the was upheld by Appellate Court as well as by High Court--Validity---All the three Courts recorded concurrent findings of fact based on the evidence on record---No misreading or non-reading of material, evidence was pointed out and passed by High Court did not suffer from any legal or factual infirmity to warrant interference---Appeal was dismissed. Saeed Beg, Advocate Supreme Court and M. Ismail Fehmi, Advocate-on-Record (absent) for Appellants. Haji Muhammad Zahir Shah, Advocate-on-Record for Respondents. Date of hearing: 3rd February, 2005. ORDER FAQIR MUHAMMAD KHOKHAR, J.---This appeal, by leave of the Court, is directed against the impugned judgment, dated 11th June, 1999 of a learned Single Judge of Peshawar High Court, Circuit Bench D.I. Khan in Civil Revision No. 61 of 1997. 2. Late Awal Khan, father of appellants instituted a suit for declaration that he had purchased the suit property by means of an agreement deed, dated 14th January, 1961 on payment of sale consideration of Rs.31,000 and, therefore, he had become owner in possession of the said property. It was further averred in the plaint that Mutation No.15842, dated 22nd January, 1984 of inheritance attested by the Revenue Officer in favour of…

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