Law:

Section:

Specific Relief Act (I of 1877)-------S. 12---Qanun-e-Shahadat (10 of 1984), Arts.72 & 79---Constitution of Pakistan (1973), Art.185(3)---Specific performance of agreement to sell---Document, proof of---Concurrent finding of facts by the Courts below---Courts below had concurrently held that the defendant entered into agreement to sell with plaintiff and received the first instalment of the sale price-Defendant was to complete the sale and deliver possession by a specific date which he failed to do---Plaintiff produced two marginal witnesses to prove the agreement to sell and of the receipt---No tenable evidence was produced by the defendant to rebut the evidence led by plaintiff---Suit was decreed by Trial Court in favour of plaintiff and the was maintained by High Court in exercise of appellate jurisdiction---Validity---No misreading or non-reading of evidence or any infirmity in the concurrent s was found by Supreme Court---No substantial question of law of general public importance was raised by the defendant---Leave to appeal was refused. Imrana Baluch, Advocate Supreme Court and C.M. Latif, Advocate-on-Record for Petitioner. Rafiq Javed Butt, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record (absent) for Respondents. Date of hearing: 5th August, 2004. JUDGMENT TASSADUQ HUSSAIN JILLANI, J.-------Petitioner seeks leave to appeal against the judgment dated 6-6-2003 passed by Lahore High Court, Lahore vide which petitioner's Regular Second Appeal against the judgment and decree, dated 19-1-2000 passed by learned First Appellate Court was dismissed and the judgment and decree of learned trial Court dated 7-3-1996 was affirmed. 2. Facts in brief are that respondent filed a suit for specific performance claiming that the petitioner through an agreement, dated 22-11-1990 had agreed to sell the property, the subject-matter of this petition (Quarter No.P.859 situated in D-Type Colony, Faisalabad) for a total consideration of Rs.1,66,000 out of which Rs.35,000 was…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492