Malik LIAQUAT ALI (decd.) vs Mst — 2026 SCMR 1125 SUPREME-COURT

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Malik LIAQUAT ALI (decd.) VS Mst. SHARIFAN BEGUM (decd.). S.12---Civil Procedure Code (V of 1908), S.100---Suit for specific performance of agreement to sell---Second appeal---Scope---Judgment at variance with evidence---Effect---Suit filed by the predecessor-in-interest of the petitioners/plaintiffs seeking specific performance of agreement to sell was decreed in their favour, but the Lower Appellate Court reversed the findings and dismissed the suit---High Court, in exercise of second appellate jurisdiction, maintained the judgment passed by the Lower Appellate Court---Validity---Predecessor-in-interest of the petitioners/plaintiffs failed to prove execution of the unilateral agreement dated 15-02-1993 as well as payment of earnest money/consideration---While decreeing the suit in favour of the predecessor-in-interest of the petitioners/plaintiffs, the Trial Court misread and misappreciated the evidence available on record---After re-evaluating/properly appreciating the evidence available on record, the Lower Appellate Court had rightly dismissed the suit of the predecessor-in-interest of the petitioners/plaintiffs---Judgment and decree passed by the Lower Appellate Court were neither contrary to law nor suffered from any substantial error or defect in procedure---Findings of fact recorded by the Lower Appellate Court against the predecessor-in-interest of the petitioners/plaintiffs were in accordance with law and evidence available on record and were immune from interference by the second appellate Court in exercise of jurisdiction under Section 100, C.P.C.---Supreme Court declined to interfere in the judgments passed by the Lower Appellate Court and High Court as the same did not suffer from any illegality---Petition for leave to appeal was dismissed and leave was refused.

Malik LIAQUAT ALI (decd.) vs Mst — 2026 SCMR 1125 SUPREME-COURT

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