Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 12---Colonization of Government Lands (Punjab) Act (IV of 1912), S.19---Land Reforms Regulations, 1972 (M.L.R. 115), para.24---Specific performance of agreement to sell---Concurrent findings of fact by the Courts below---Execution of agreement to sell was not denied by defendants but suit was dismissed by Trial Court on the ground that it was violative of provisions of paragraph 24 of Land Reforms Regulations, 1972 (M.L.R. 115) and S.19 of Colonization of Government Lands (Punjab) Act, 1912---Lower Appellate Court allowed appeal against judgment and decree passed by Trial Court, resultantly the suit was decreed in favour of plaintiff---Judgment and decree passed by Lower Appellate Court was maintained by High Court---Validity---Defendants did not specifically plead in their written statement that the agreement was either not thumb-marked by them or that the same was obtained through fraud or forgery---Defendants merely stated that the agreement to sell was hit by the provisions of Land Reforms Regulation, 1972 (M.L.R. 115) and S.19 of Colonization of Government Lands (Punjab) Act, 1912---Concurrent findings of fact recorded by High Court and Courts below, after appreciation of evidence of parties, were unexceptionable id absence of any misreading or non-reading of material evidence on record---Judgment of High Court was plainly correct which did not suffer from any defect or other legal infirmity so as to warrant interference by Supreme Court---Appeal was dismissed. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J. ---The suit of the -Respondent for specific performance of agreement to sell dated 9-3-1974 was dismissed by the Civil Judge, Sumandri, District Faisalabad vide judgment, dated 11-4-1990 on the ground that the same was violative of provisions of paragraph 24 of the Martial Law Regulation No.115 and section 19 of the Colonization of Government Land Act, 1912. The other issues touching the merits of the case were, however, decided in favour of the -Respondent. The appeal of the -Respondent was allowed by the Additional District Judge, Faisalabad vide judgment, dated 18-2-1991 whereas the cross-objections of the appellants…

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