Law:

Section:

Limitation Act, 1908 (IX of 1908)-- ----Art. 113--Limitation for execution--Execution of mortgage deed--Question of--Right of vendee--If time was not fixed in agreement for completion of sale on payment of sale price, claim the specific performance of agreement within reasonable time--Time may not be essence of contract--No inflexible rule to be made applicable--Remedy of specific performance of contract is an equitable remedy which is always in the discretion of Court and suit for specific performance may be detected if the plaintiff without any legal excuse failed to perform his part of contract within time specified therein--Determination--Held: Appellant made any effort for fulfilling his part of contract and offered payment of sale price within stipulated time or atleast within reasonable time to complete the sale--Delay in filing the suit beyond the normal period provided under the law would be fatal and appellant would not be entitled to claim the decree for specific performance--Appeal dismissed. [P. 848] B & D Limitation-- ----Suit for specific performance--Contract is not enlarged--General principle--Sufficient cause--Statutory period--Limitation in the suit for specific performance of contract is not enlarged in the light of general principle that in respect of sale of immovable property time is not essence of contract unless a sufficient cause and a strong reason is shown for filing the suit beyond the statutory period--Such rule may not be helpful to the plaintiff/vendee who was not vigilant about performance of his part of contract and contributed in the delay caused in completion of sale. [P. 848] C Limitation-- ----Mortgage deed was executed--Continuation of agreement to sell-No time was fixed for payment of remaining sale-price--Held: Time would not be considered as essence of contract and appellant would be entitled to the decree for specific performance without clog of limitation. [P. 847] A Judgment Muhammad Nawaz Abbasi, J:--This appeal by leave of the Court has been directed against the judgment dated 11.5.2001 passed by Lahore High Court, Rawalpindi Bench, Rawalpindi whereby Regular Second Appeal filed by the appellant against the…

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