Law:

Section:

(a) Supreme Court Rules, 1980----O.XII, R.4(i)---Civil Procedure Code (V of 1908), O.XLV, R.1--¬Constitution of Pakistan (1973), Art. 185(2)---Appeal filed two years ago without decree of High Court---Effect--No effort was made by appellant till yet to bring on record decree-sheet---No explanation was offered for not placing on record decree-sheet---Supreme Court dismissed appeal being not maintainable. Muhammad Jahangir Khan v. Government of the Punjab 1981 CLC 1474; Inam Gul v. Begum Ji 1980 CLC 530; Sana Ullah v. Ghulam Qadir PLD 1958 Pesh: 213; Baseer Ahmed Siddiqui v. Shama Afroz 1988 SCMR 892 and Sherin v. Fazal Muhammad 1995 SCMR 584 ref. (b) Specific Relief Act (I of 1877)--- ----S.42---Transfer of Property Act (IV of 1882), S.118---Constitution of Pakistan (1973), Art. 185(2)---Suit for declaration that exchange deed and mutation of exchange sanctioned on its basis were void on account of non7payment of Rs.75,000---Suit decreed by Trial Court was upheld by Appellate Court, but same was dismissed by High Court in revision filed by defendant---Validity---Execution of exchange deed and sanction of mutation on its basis was not denied---Plaintiff had neither demanded alleged amount at time of registration of exchange deed before Registrar nor taken any step to inform Revenue Authorities not to sanction mutation---No fraud had been committed on plaintiff nor there was any evidence in support of allegation of fraud---Condition of payment of such amount was not incorporated in exchange deed---Existence of exchange deed was not disputed---Non-payment of such amount would not undo transaction---Plaintiff could avail proper remedy for recovery of amount as consideration for exchange of land---Same being a question of fact could not be gone into by Supreme Court through reappraisal of evidence---Supreme Court dismissed appeal on merits. Debi Prasad Singh and another v. Jaldhar Chaube and others AIR 1946 All. 125 ref. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.---This direct appeal has been preferred against the judgment dated 18-4-2000 passed by learned Judge in Chambers of Lahore High Court, Multan Bench in Civil Revision No. 164 of 1995 through which Atta Muhammad…

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