Law: Specific Relief Act, 1877

Section: 12,42,54

Law: Limitation Act, 1908

Section: 3

(a) Specific Relief Act (I of 1877)--- ----Ss. 12, 42 & 54---Limitation Act (IX of 1908), S. 3---Suit for declaration and permanent injunction filed on basis of an alleged agreement to sell immoveable property---Limitation for filing suit, expiry of---Lapse of 52 years in filing suit---Alleged agreement to sell was executed on 24-01-1957, and the plaintiffs waited till the year 2009 to file a suit for declaration and permanent injunction---Plaintiffs let more than 52 years lapse before approaching the Court for asserting their rights, despite the fact that they alleged that on the demise of the vendor they had approached his legal heirs who had promised to transfer the property in their favour in accordance with the terms and conditions of the agreement to sell---Admittedly, the property was transferred to the legal heirs of vendor through a mutation of inheritance in the year 2002, yet the plaintiffs waited for another seven years to approach the Court---Plaintiffs were obviously not vigilant in claiming and asserting their rights and as such let the period of limitation expire before approaching the Court---Such delay had not been explained in even a remotely convincing manner---Court below had rightly dismissed the suit---Petition for leave to appeal was dismissed accordingly and leave was refused. (b) Specific Relief Act (I of 1877)--- ----S. 12---Agreement to sell immoveable property---Proof---Marginal witnesses---Plaintiffs/alleged vendees failed to prove the alleged agreement to sell---Out of two marginal witnesses who had allegedly witnessed the execution of the agreement to sell, only one was produced---Credibility of said witness was questionable in view of the fact that he had purportedly signed the document, however, when he was cross-examined, he produced his Computerized National Identity Card (CNIC) which bore his thumb impression instead of signatures---No explanation was offered explaining failure of the plaintiffs to produce the other marginal witness---Court below had rightly dismissed the suit---Petition for leave to appeal was dismissed accordingly and leave was refused. THIS ORDER PASSED BY: IJAZ UL AHSAN, J.--- Leave to appeal is…

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