Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. VII, R. 11---Specific Relief Act (I of 1877), S.12---Qanun-e-Shahadat (10 of 1984), Arts.114 & 115---Limitation Act (IX of 1908), Art.113---Constitution of Pakistan, Art.199---Constitutional petition---Suit for specific performance of contract---Limitation---Oral agreement to sell---Dispute between landlord and tenant---Estoppel, principle of---Applicability---Rejection of plaint---Documents to be considered by the court---Scope---Plaintiffs filed suit wherein defendants moved an application for rejection of plaint which was dismissed by the Trial Court but same was accepted by the Appellate Court---Validity---Plaintiffs were tenants in the disputed property before claiming of entering into an oral agreement to sell---Plaintiffs never claimed such agreement even after receiving notice on behalf of defendants up to filing of their written reply in the rent case wherein issue with regard to existence of relationship of landlord and tenant was framed---Said issue was decided in favour of defendant and against the plaintiffs---Plaintiffs in their reply to such notice not only admitted their status in the disputed property as tenant but they also did not raise any plea of occupying such premises not as a tenant but as a purchaser---No plea with regard to any oral agreement to sell was taken by the plaintiffs in rent case that suit property had been sold to them by the defendant---Knowledge of client was the knowledge of his counsel---Plaintiffs were estopped from claiming themselves as occupants in the suit property as purchasers after their admission that they were tenants of defendant in the same---Court had to take into consideration the contents of plaint and documents on which same had been based---Plaintiffs did not file any suit for specific performance of contract soon after receiving the said notice---Present suit had been filed after 18 years of the alleged oral agreement of sale and after three years and 8 months of receiving said notice which was barred by 8 months from the date of notice under Article 113 of Limitation Act, 1908---Principle of estoppel would operate against the plaintiffs who had no…

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