Law: Specific Relief Act, 1877

Section: 12

Law: Registration Act, 1908

Section: 17,49

Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Limitation Act, 1908

Section: 113

(a) Specific Relief Act (I of 1877)--- ----S.12---Limitation Act (IX of 1908), Art.113---Registration Act (XVI of 1908), Ss.17 & 49---Suit for specific performance of agreement to sell---Limitation---Unregistered document---Effect---Period of limitation for filing a suit of specific performance of contract was three years from the date fixed for the performance under the agreement or if no such date was fixed then when the plaintiff noticed that performance had been refused by the defendant---Alleged agreement to sell was executed on 23-09-1982 wherein no date for its performance had been fixed---Period of limitation, in the present case, would start from the date when the plaintiff noticed that performance had been refused by the defendant---Plaintiff had not furnished any satisfactory explanation as to how he could not notice the refusal on the part of defendant during the long period of sixteen years---Suit of plaintiff was based on a sale agreement which was only a receipt in the present case---If said receipt was a sale agreement then it was not admissible in evidence as it did relate to sale consideration of Rs. 30000/- despite that it had not been registered---Every document having value of more than Rs. 100/- was required to be compulsorily registered and the document falling short of the requirement would not operate to create, declare, assign, limit or extinguish in present or future any right, title or interest whether vested or contingent to or in immovable property---If document was not registered as required under S.17 of Registration Act, 1908 then such document could not be tendered in evidence---No legal ground/defect had been pointed out in the impugned s and decrees passed by the Courts below---Revision was dismissed, in circumstances. Tariq Hussain v. The State Officer 1988 CLC 473; Arshan Bi v. Maula Bakhsh 2003 SCMR 318; Mst. Bano alias Gul Bano v. Begum Dilshad Alam 2011 CLC 88; Meer Hassan alias Ameer Hassan v. Federation of Pakistan through Secretary Ports and Shipping, Islamabad 2009 YLR 1827; Raees Ghulam Sarwar v. Mansoor Tariq Zaidi PLD 2008 Kar. 458; Khalil Ahmed v. Mst. Azmat Ara (widow) 2014 YLR 1782; Habibullah v. Muhammad…

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