BASRI Versus MUHAMMAD YOUSAF

ORDER

1. MUHAMMAD AFZAL ZULLAH, J.‑‑ Leave to appeal has been sought by a plaintiff against the acceptance of respondent's Regular Second Appeal by the High Court. The petitioner's suit for specific performance was dismissed, but the first appellate Court had decreed it.

2. The findings of fact by the learned trial Court and the High Court which go against the petitioner's case, are that an agreement for sale was being negotiated between the parties but it was never completed. Although the reference to and reliance by the High Court on relevant evidence for restoring the findings of fact against the petitioner rendered by the trial Court, do not suffer from any infirmity; yet we thought it proper to examine in some detail another aspect of the matter. The respondent allegedly, as contended from the petitioner's side, after completing the sale agreement, had applied even to the income‑tax authorities for a clearance certificate so as to produce it before the Registration authorities they do not register a sale‑deed without a clearance certificate from those authorities.

3. After hearing the learned counsel from both the sides on this issue, it seems that some such application was made to the income‑tax authorities but it would not be possible now to give a definite finding in favour of the petitioner that the application made to the income‑tax authorities, was actually signed by the respondent himself. The learned Judge in the High Court examined the disputed signatures on the application and found that they were over‑written. The contention of the learned counsel for the Petitioner that no such observation was made by the lower Courts regarding the signatures, will not make any difference insofar as the observation made by the learned Judge in the High Court is concerned; particularly when none of the learned counsel is able to make a statement that the document was not in fact examined by the learned Judge. In these circumstances, no useful purpose would be served by granting leave to appeal. The same, therefore, is refused.

4. M.A.K/B‑97/S Leave refused.