Law: Specific Relief Act, 1877

Section: 12

Specific Relief Act (I of 1877)--- ----S. 12---Suit for specific performance of contract---Limitation---Oral agreement---Scope---Both the courts below had appreciated the material available on record in its true perspective---Findings recorded by the courts below were neither perverse nor against the evidence nor evidence was misread nor any material piece of evidence had been ignored---No infirmity or illegality had been pointed out in the impugned s and decrees passed by the courts below---Suit was filed after twenty (20) years from the alleged oral agreement and such delay had not been explained by the plaintiff---Suit was barred by time---Revision was dismissed in circumstances. THIS JUDGMENT PASSED BY: NADEEM AKHTAR, JUSTICE:---.--- Through this Civil Revision Application, the applicant has impugned the concurrent findings against him by the trial court and the appellate court. By the impugned judgment dated 10-7-2009 and decree dated 20-7-2009, Suit No.120 of 2007 filed by the applicant against the respondents for declaration, specific performance and mandatory and permanent injunction, was dismissed by the trial court, as being barred by limitation. Civil Appeal No.150 of 2009 filed by the applicant against the said judgment and decree was dismissed by the appellate court vide impugned judgment dated 24-4-2010 and decree dated 22-5-2010. 2. The relevant facts of the case, as averred by the applicant, are that he filed F.C. Suit No.120 of 2007 against the respondents in the Court of IInd Senior Civil Judge, Hyderabad, for declaration, specific performance of contract and mandatory and permanent injunction. The case of the applicant was that respondent No.1 entered into an oral agreement with him in the year 1987, whereby she agreed to sell her open Plot bearing No.1-A, measuring 1,350 sq. yds., out of R.S. No.268, situated in Deh Sari, Taluka Qasimabad, District Hyderabad, hereinafter referred to as "the plot". The sale consideration was agreed at Rs.90,000.00, which was paid by the applicant to respondent No.1 in full and final settlement in the presence of witnesses. After receiving the agreed sale consideration from the applicant, respondent No.1…

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