Law:

Section:

Contract Act (IX of 1872)---- ----Ss. 19 & 11---Specific Relief Act (I of 1877), S. 42---Constitution of Pakistan (1973), Art. 185(3)---Registered sale-deed, assailing of--­Concurrent findings of fact by the Courts below---Plaintiff alleged that the sale-deed was based on fraud without consideration and having been executed by insane person---All the Courts below concurrently dismissed tae suit---Validity---Plaintiff failed to point out any irregularity or illegality in the order of High Court maintaining the concurrent findings of the Courts below---Plea of insanity was taken simply to deprive the defendants of their valuable rights---Supreme Court declined to interfere with the passed by the High Court---Leave to appeal was refused. ORDER TANVIR AHMED KHAN, J.---Leave to appeal is sought against the order, dated 14-6-1999 passed by a learned Single Judge of the Lahore High Court, Lahore, whereby Civil Revision No.943-D of 1986 filed by the petitioner was dismissed maintaining the concurrent findings of the Courts below. The facts briefly stated are that Fazal Karim deceased filed a declaratory suit through his sister Mst. Naimat Bibi, his next friend, averring therein that the registered sale-deed, dated 29-7-1978 allegedly executed in favour of the respondent Mian Muhammad Ashraf was based on fraud, without consideration and having been executed by an insane person. The respondent/defendant contested the suit and out of pleadings of the parties, Issues were framed. The parties led their evidence and the learned Civil Judge, Kharian, through his judgment, dated 14-2-1981 dismissed the suit. The petitioner filed an appeal assailing the above judgment, which was dismissed by the learned Additional. District Judge, Gujrat, vide his judgment, dated 12-1-1986. Civil Revision No.943-D of 1986 preferred by the petitioner also met the same fate as it was dismissed by a learned Single Judge of the Lahore High Court, Lahore, through his order; dated 14-6-1999, impugned herein. Hence, this petition for leave to appeal. We have considered the contentions of the learned counsel and have perused the documents placed on record with his assistance. He has half-heartedly…

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