1. SHAFIUR RAHMAN, J.--The petitioners seek leave to Appeal against the judgment of the Lahore High Court, dated 10-4-1980 whereby a regular second appeal filed by the plaintiff-respondents was allowed and the judgment of the Administrative Civil Judge, was restored.
2. The plaintiff-respondents had instituted a civil suit claiming l/3rd share in agricultural land on the basis that certain alienations made were sham transactions and there was an understanding that the property would be distributed among the brothers in equal shares. In this manner old transactions entered into .As early as 1938 were sought to be avoided and given a different colour and complexion. The suit was contested. The trial Court ultimately granted a decree of the 1/3rd share asked for and in addition 3/16 shares on account of death of the main contestant Ghulam Nabi during the pendency of the proceedings without an issue. The trial Court ordered that:---- "The plaintiff should amend his prayer clause and should also pay court-fees regarding 3/16 shares of the suit property within to months if he pays the court-fees within the prescribed period then he is granted decree for possession in his favour (sic) will be simply for 1/3rd share of the property left by Amir Jan.--- The first appeal of the petitioners was accepted and the suit dismissed.
3. On second appeal the High Court set aside the judgment of the first appellate Court and restored the decree of the trial Court.
4. The learned counsel for the petitioners seeking leave to appeal has contended that in this case no oral evidence whatsoever was recorded. There was an objection by the petitioner to the admissibility of Exh. P.7 a statement said to have been made by Ghulam Nabi in different proceedings. His objection was not disposed of and that document was not' only admitted in evidence but misread with a view to make out a case against the petitioner while in fact the document had not such effect.
5. The learned counsel has also drawn our attention to the conduct of the parties lit allowing the period that had elapsed after the transaction and the application and the effect of section 19 of Colonization of Government, lands and the acquisition of proprietary rights by Ghulam Nabi himself.
6. We find that, the questions raised by the learned counsel for the petitioner require a closer scrutiny and an authoritative pronouncement. For this leave to appeal is granted. Security Rs. 2,000. The appeal to be heard on the present record with liberty to the parties to file such additional documents as they may consider necessary.
7. Status quo in the mean time to continue.