1. S. USMAN ALI SHAH, J.---Leave to appeal has been sought by the petitioners against the order of the Lahore High Court, Lahore, dated 13-1-1987, whereby regular second appeal of the respondent against the orders of the two Courts below was accepted and his suit was decreed.
2. Nabi Bakhsh predecessor-in-interest of the present petitioners sold the property in dispute to Ghulam Rasool respondent on the basis of an agreement of sale dated 14-12-1970. He died issueless and without wife on 9-8-1971. The respondent brought a suit for specific performance against the petitioners being legal heirs of the vendor.
3. The two Courts below held that no agreement to sell was executed between Nabi Bakhsh deceased and the respondent Ghulam Rasool. On regular second appeal by the respondent, the learned High Court reversed the findings of the two Courts below and decreed the respondents' suit for specific performance, mainly on the ground of misreading of evidence. The learned High Court believed the statement of P.W. Noor Muhammad who was the witness of the documents. A perusal of the record shows that the said Noor Muhammad, the scribe of the sale agreement has plainly stated in his statement that he is more nearly related and has deeper connections with the petitioners than the respondent, even then he has supported the said agreement of sale-deed in favour the respondent. Thus we are of the view that his statement has rightly been considered by the High Court. There is no evidence on record that the said document was executed by fraudulent manner.
4. Under the circumstances, we do not think it is a fit case for further consideration of this Court. The petition is, therefore, dismissed.