In a suit for specific performance of an agreement to sell, the appellate court below was duty bound to consider the evidence of both sides in its entirety and thereafter arrive at a finding

 In a suit for specific performance of an agreement to sell, the appellate court below was duty bound to consider the evidence of both sides in its entirety and thereafter arrive at a finding Once the learned trial court exercises its discretion in one way or the other after appreciation of entire evidence and material on record, the appellate court below should not interfere unless it is established that the discretion has been exercised perversely, arbitrarily or against judicial principles. In the instant case, it was incumbent upon the learned appellate court below to have firmly concluded that the Agreement to sell had been proved without relying on the deficiencies and gaps in the testimony of defendant.

Regular Second Appeal-Regular Second Appeal (US 100) Final Decree-Specific Performance

8-08

Syed Abdul Rasheed VS

Rana Muhammad Anwar

Mr. Justice Anwaar Hussain