Law:

Section:

Specific Relief Act (I of 1877)-------S. 12---Constitution of Pakistan (1973), Art.185(3)---Specific performance of agreement to sell---Oral sale---New plea, raising of---Concurrent findings of fact by courts below---Suit for specific performance of agreement to sell was decreed by Trial Court, in favour of plaintiff---Judgment and decree passed by Trial Court was maintained by Lower Appellate Court as well as by High Court---Plea raised by defendant was that terms of alleged oral sale agreement including its existence could not be proved by plaintiff and evidence on record was misconstrued and mis-appraised by the courts below---Validity---Ground regarding terms of oral sale agreement was not urged during the course of arguments before High Court---In absence of any evidence to substantiate the same, Supreme Court declined to interfere in concurrent findings of facts recorded by courts below and maintained s and decrees passed by the courts below---Judgment passed by High Court did not suffer from any infirmity or impropriety factual or legal---Leave to appeal was refused. Qazi Misba-ul-Hassan, Advocate Supreme Court for Petitioners. Nemo for Respondents. Date of hearing: 13th July, 2009. JUDGMENT RAJA FAYYAZ AHMED, J.--- This civil petition for leave to appeal has been directed against the judgment dated 24-5-2004 whereby, Civil Revision No.2332 of 2001 file) by the petitioners has been dismissed by the learned Single Judge in Chambers of the Lahore High Court, Lahore. Through the abovementioned civil revision, the petitioners had challenged the concurrent judgments and decrees of learned Additional District Judge, Kasur, dated 17-5-2001 and the judgment and decree dated 8-7-1998 passed by the learned Civil Judge, Kasur decreeing the suit of respondent No.1. 2. Briefly stating the facts of the case are that respondent No.1 instituted suit for specific performance of oral sale agreement against the predecessor-in-interest of the petitioners and respondent No.2 in the Court of Senior Civil Judge, Kasur with respect to land described in subject title of the suit situated in Mauza Dhala Kalan, Tehsil and District Kasur wherein it was alleged that the…

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