Law: Limitation Act, 1908

Section: 113

Law: Civil Procedure Code (V of 1908)

Section: 16,20

Law: Specific Relief Act, 1877

Section: 42

Limitation Act, 1908 (IX of 1908)-- ----Art. 113--Limitation--Suit for specific performance--Question of--Whether suit was filed within time--Determination--Keeping in view article 113 of Limitation Act, whereby limitation for suit for specific performance of contract is started from date of refusal of defendants, when defendant refused to act upon terms of relevant contract, so, to this extent learned Courts below, Trial Court as well as is appellate Court fell in error. Specific Relief Act, 1877 (I of 1877)-- ----S. 42--Civil Procedure Code, (V of 1908), Ss. 16 & 20--Sale agreement--Refusal of execution--Suit for specific performance--Rejected--Appeal--Dismissed--Time-barred--Concurrent findings--Jurisdiction--A general principle has been, laid downthat suits in respect of immoveable property shall be filed in Court within local limits of area whose jurisdiction property is situated but an exception has been given that if suit is file for foreclosure sale or redemption regarding immovable property that can also be filed on place where cause of action as whole or partly arises--Reasons given by trial Court that as property is situated in province of Sindh and if plaintiff succeeded to obtain requisite decree it would not be executable in said area due to being a foreign , is not a good reason because suit is not for recovery of land rather a prayer has been made that defendants may be ordered to execute sale-deed on basis of agreement to sell dated 17.03.1984., in favourof plaintiff and needless to say that if decree is passed there would be no legal bar for defendants to execute sale deed in respect of suit land even at Mirpur and in case of non-compliance of Court decree such sale-deed can be executed by Court even through any officer of Court, so, there would be no legal complication in this regard--Appeal was accepted. THIS ORDER PASSED BY: MUHAMMAD SHERAZ KAYANI, JUSTICE---.--- The supra titled appeal has been directed against the judgment and decree passed by the learned District JudgeMirpur dated 14.04.2008 whereby the appeal of appellant, herein, was dismissed being weightless while upholding the judgment and decree passed by the learned Senior…

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