Law: Specific Relief Act, 1877

Section: 35(c)

Law: Limitation Act, 1908

Section: 4,5

(a) Specific Relief Act (I of 1877)--- ----S.35(c)---Rescission of agreement---Suit for specific performance---Execution petition---Decree holder was directed to make payment of balance consideration amount/ debtor contended that respondent/decree holder had failed to make payment of balance consideration amount within two months of passing of /decree and agreement ceased to exist---Validity---If condition of the depositing amount mentioned in the decree was not fulfilled, then the said agreement would cease to exist or rescind, however, certain exceptions were there including the circumstances beyond the control of the decree holder or due to stay of proceeding by some court/ debtor filed objection and lingered on the matter from one pretext to another/decree holder on various dates produced cheque for making payment of sale consideration which either could not be paid due to absence of the petitioner or he was reluctant to receive the same---Execution application was also consigned to record due to stay order---Executing Court was required to direct the decree holder to deposit the sale consideration amount in the CCD account of the Court, but had not ordered---Decree holder could not be prejudiced due to the act of Court---Decree holder was directed by High Court to deposit balance consideration amount within 15 days---Revision petition was disposed of accordingly. (b) Limitation Act (IX of 1908)--- ----Ss.4 5---Specific performance---Execution petition for deposit of amount---Twenty-seven (27) days delay in registration---Closure of Courts---Summer vacation/decree holder filed execution application on 5th June, but at that time the business of the Court was closed due to summer vacation, therefore, said petition was registered on 8th July---Courts remained closed during summer vacation for one month and District Court mainly conducted criminal cases and stay matters in civil cases---Section 4 of the Limitation Act, 1908 was attracted---Application could not be termed beyond the period of limitation. JUDGMENT MUHAMMAD EJAZ SWATI, JUSTICE:---.--- The respondent No.1(plaintiff) filed a suit for specific performance of an agreement dated 19th March, 2009…

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