' MUHAMMAD MUNIR KHAN, J.---This petition for leave to appeal which is directed against the judgment dated 25-4-1993 of the Lahore High Court, Lahore passed in Regular First Appeal No, 156 of 1989, arises from the facts that on 26-5-1985, the petitioner filed a suit for specific performance of contract against Syed Ali Abbas, the respondent, in the Court of Civil Judge, Sheikhupura. The .Suit was resisted. Issues were framed. Parties led evidence. The suit was dismissed on 15-10-1989.
Feeling aggrieved thereby, the petitioner filed an appeal in. The Lahore High Court, Lahore, which was dismissed on 25-4-1993.
2. Learned counsel for the petitioner vehemently contended that the petitioner has proved the execution of the agreement to sell in his favour by the respondent through reliable evidence of marginal witnesses supported by handwriting expert and has also proved the payment of Rs,2,60,000 as earnest money to the respondent through oral and documentary evidence; and that the concurrent findings of the Courts below on the question of execution of the agreement to sell and the payment of the earnest money suffer from non-reading and misreading of the evidence.
3. After hearing the learned counsel and going through the material placed on record we feel that the contentions raised by the learned counsel require consideration. Hence, leave to appeal is granted to consider as to whether or not the findings of the Courts below on Issues Nos. 2 and 3 suffer from misreading of evidence, or the Courts had arrived at findings ignoring any material piece of evidence on record.
' Interim order dated 11-7-1993 to continue till the hearing of the appeal.