Law: Specific Relief Act, 1877

Section: 12

Law: Qanun-e-Shahadat (10 of 1984)

Section: 73

Law: Limitation Act, 1908

Section: 113

(a) Specific Relief Act (I of 1877)--- ----S.12---Limitation Act (IX of 1908), Art.113---Suit for specific performance of agreement to sell---Limitation---No date in agreement to sell was fixed for payment of remaining balance amount, however, it was stipulated therein that the balance amount would be paid at the time of attestation of mutation---Mutation was attested on 1.10.1995 however, same was cancelled by Revenue Officer on 14.3.1996---Suit for specific performance was filed on 28.1.2003---Validity---Held, Art.113 of Limitation Act, 1908 provided a period of three years for filing of suit for specific performance---Period of limitation was to start from the cancellation of mutation---Suit for specific performance was time-barred, as the same was not instituted within period of three years of the cancellation of mutation---Revision was dismissed in circumstances. (b) Pleadings--- ----Plaintiff had to prove his case on the strength of his own evidence and could not get any benefit from the shortcomings and weaknesses of the defendant's case. (c) Qanun-e-Shahadat (10 of 1984)--- ----Art.73---Photocopy taken on record and exhibited without any objection would not qualify the document as admissible piece of evidence. Abdur Rehman v. Haji Muhammad Yousaf 2007 SCMR 6 rel. THIS JUDGMENT DELIVERED BY: SYED MUHAMMAD ATTIQUE SHAH, JUSTICE:---.--- This revision petition is directed against the judgment and decree dated 15.01.2009 passed by learned Additional District Judge-II, Mansehra, vide which the appeal of respondents Nos.1 to 3 (hereinafter called as respondents) was accepted and judgment and decree dated 19.12.2006 of the learned Civil Judge-IV, Mansehra, was set aside. 2. Brief facts of the present revision petition are that the petitioner instituted a suit for specific performance of contract against the respondents in the Court of learned Senior Civil Judge, Mansehra on 28.07.2003. The learned trial Court summoned the respondents, who contested the suit by submitting their written statement. Learned trial Court after recording pro and contra evidence of the parties, decreed the suit in favour of the petitioner vide judgment and decree dated 19.12.2006.…

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