Law:

Section:

Specific Relief Act (I of 1877)----S. 12---Transfer of Property Act (IV of 1882), Ss. 91 & 118---Suit for specific performance of agreement to sell---Plaintiff in possession of suit-land as mortgagee entered into agreement to sell with vendor--¬Vendor later on exchanged suit-land with defendant---Plaintiff then filed suit for specific performance of agreement to sell, whereas defendant filed suit for possession through redemption of mortgage---Trial Court decreed suit for specific performance, but dismissed suit for redemption, which s were upheld by Appellate Court and High Court---Validity---Agreement to sell by vendor with plaintiff and payment of sale price had been proved through independent and reliable evidence---Defendant had taken wavering stances, at one place he had sated that land was not exclusively mortgaged with plaintiff, while in appeal, he had admitted that vendor had mortgaged land with plaintiff---Was not understandable that on what basis defendant had allegedly exchanged land with vendor of which he could not get possession as same was already mortgaged with plaintiff---Concurrent findings of fact of Courts below had been affirmed by High Court, wherein no legal infirmity warranting interference could be pointed out---Supreme Court dismissed petition and refused leave. JUDGMENT TANVIR AHMED KHAN, J.---Leave to appeal is sought against the judgment, dated 19-2-1999 of a learned Single Judge of the Lahore High Court, Lahore, whereby R.S.A. No. 5 of 1986 filed by the petitioner was dismissed maintaining the earlier determinations. dated 1-11-1982 and 5-11-1985 respectively arrived at by the learned Civil Judge, Hafizabad, and the learned Additional District Judge, Gujranwala, whereby suit for specific performance filed by the respondents was decreed and the petitioner's suit for possession through, redemption was dismissed. The facts necessary for disposal of this petition, as reflected from the documents annexed with it, are that respondent No.2 Muhammad mortgaged the disputed land with Hidayat, predecessor-in-interest of respondent No.1, for a consideration of Rs.27,000 and delivered possession of the same. Thereafter, on 15-10-1978 said…

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