Law:

Section:

Limitation Act, 1908 (IX of 1908) --.-- --.-- Art. 113 --.-- Suit for specific performance of contract, written agreement --.-- Failed to abide by terms and conditions of agreement to sell --.-- Time was never essence of contract --.-- Consented to new agreement to sell as well time frame --.-- Appreciation of oral and documentary evidence --.-- Validity --.-- Petitioner was entitled to only partial relief of return of earnest amount while first appellate Court taking a contrary view unsupported by substantive as well as precedent law. ORDER Through this civil revision, the petitioner seeks setting aside of impugned judgment and decree dated 4.11.2009 passed in appeal by the learned Additional District Judge, Kabirwala, by which, the judgment and decree of trial Court dated 2.12.2004, whereby a suit for specific performance of contract had been partially decreed, has been reversed/set aside. 2. Brief facts of the case are that petitioner/plaintiff Ashfaq Ahmad filed a suit for possession through specific performance of contract against the respondents before the learned Civil Judge, Kabirwala claiming that the respondent/Defendant No. 1 Muhammad Asif through a written agreement dated 25.9.1994 agreed to sell 24-Kanals land situate in Mouza Chah Peepal Wala, Tehsil Kabirwala, District Khanewal to the petitioner for Rs. 2,40,000/- after receiving Rs. 50,000/- as earnest money in the presence of witnesses. Subsequently another written agreement dated 2.11.1994 was executed between the parties, whereby time for final execution was extended. As per agreed terms of first agreement to sell, Respondent No. 1 was to finally execute the registered sale-deed within a month after receiving the remaining amount of consideration Rs. 1,90,000/- It was stated in the plaint that Respondent No. 1 subsequently received Rs. 1,22,000/- from the petitioner and promised to transfer the suit land through registered sale-deed or mutation till 1.2.1995 after receiving outstanding amount of Rs. 68,000/- It was also stated in the plaint that Respondent No. 1 further received Rs. 20,000/- from the petitioner on 27.11.1994 and in this way Rs. 48,000/- was only left to be paid. It was…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492