S. 12 ---Suit for specific performance of agreement to sell---Counter claims---Non-appearance before Sub-Registrar---Two suits for specific performance.........

 2024 MLD 467
MUHAMMAD SARWAR alias BABAR vs MUHAMMAD YASIN (DECEASED)

S. 12 ---Suit for specific performance of agreement to sell---Counter claims---Non-appearance before Sub-Registrar---Two suits for specific performance of two agreements to sell were filed by petitioner / plaintiff and respondent / defendant---Suit filed by respondent / defendant was decreed by Trial Court and the one by petitioner / plaintiff was allowed to get his earnest money returned with profit at bank rate---Judgment and decree passed by Trial Court was maintained by Lower Appellate Court---Validity---Petitioner / plaintiff failed to prove his case as well as stance that on the target date he appeared before Sub-Registrar and got his attendance marked by submitting written application---Petitioner / plaintiff did not produce Sub-Registrar or any staff member of his office and he did not even mention in his application that he had brought remaining sale consideration or pay order or draft---Both the Courts evaluated evidence in true perspective and reached to a just conclusion, concurrently---High Court in exercise of revisional jurisdiction declined to disturb concurrent findings on facts, as the same did not suffer from any misreading and non-reading of evidence---Both the Courts below committed no illegality and irregularity, rather vested jurisdiction was aptly and justly exercised