ABDUL JABBAR through L.Rs, and otherss vs ABDULLAH through L.Rs, and otherss

' FALAK SHER, J.--- Leave to appeal is being sought against the judgment of a learned Judge of the Lahore High Court, dated 29-11-2002 declining petitioners' Civil Revision (412-D of 1986) maintained the judgment and decree of an Additional District Judge, Toba Tek Singh, dated 7-1-986 decreeing Abdullah predecessor-in-interest of respondents 1 to 7's suit for specific performance of the agreement to sell dated 13-11-1976 (Exh.P.1) qua his share of the spelt out land reversing the findings of the trial Court dated 31-5-1984, and cancelling the sale-deed dated 25-7-1979 (Exh.P.3) qua the same in favor of Abdul Jabbar petitioner's predecessor-in-interest.

2. Late Abdullah acclaiming to have covenanted to purchase 1/2 share of the within mentioned agriculture land along with the residential Ihata situated in Chak No,761/G.B. Toba Tek Singh conjunctively with Dilmeer and Abdul Jabbar respondent in specified shares viz. 6 acres by Abdullah; 3 acres by Dilmeer and 3/4th by Abdul Jabbar from Syed Faqir Hussain Shah predecessor-in-interest of respondents 8 to 14 for a consideration of R.66,000 defraying Rs,36,015 as the earnest money, out of the balance Abdullah was to pay Rs,23,239 and Dilmeer Rs,6,744 at the time of registration of the conveyance deed by 31-3-1977. Abdul Jabbar having cleared his entire dues; which did not materialize instead the vendor alienated the entire land to Abdul Jabbar, including Abdullah's share through conveyance deed dated 25-7-1979 for a consideration of Rs,1, 60,000 impelling him to file a suit for specific performance of the agreement to sell (155 of 1979) qua his share and cancellation of Abdul Jabbair's sale-deed concerning the same. Which upon contest was dismissed by the trial Court on 31-5-1984 inter alia opining that the respondent had failed to perform his part of the agreement in tendering the balance sum within the stipulated period; that the suit was barred by time and the agreement to sell was void being contrary to section 19 of the Colonization of Government Lands (Punjab) Act, 1912.

3. However, on appeal reversing the findings an Additional District Judge, Toba Tek Singh decreed the suit on 7-1-1986 which on revision was maintained by a learned Judge of the Lahore High Court dismissing petitioners' civil revision holding that neither the suit was barred by time for the same having been instituted subsequent to the acquisition of proprietary rights on the basis of whereof sale-deed dated 25-7-1979 (Exh.P.3) was executed in favor of Abdul Jabbar petitioner; and agreement to sell was not hit by the mischief perceived by section 19 of the Colonization of Government Lands (Punjab) Act, 1912, placing reliance on the following precedent law:-- ' Muhammad Iqbal v. Mirza Muhammad Hussain PLD 1986 SC 70, Akhtar Ali v. Muhammad Hanif PLD 1986 SCM R 604 and Muhammad Afzal v. Rehmat Ali 1991 SCM R 1785 Vide the impugned judgment, dated 26-3-2003.

4. Hence the captioned petition for leave to appeal, contending misreading of evidence. Which, however, he failed to establish. Since having gone through the entire evidence with the assistance of the learned counsel for the petitioner, we are of the opinion that the concurrent findings of fact recorded by the two Courts below being duly borne out from the evidence adduced are unexceptionable.

5. Resultantly, the petition is devoid of any substance, thus, fails and is hereby dismissed, leave declined.