Law: Specific Relief Act, 1877

Section: 12

Law: Limitation Act, 1908

Section: 113

Law: Civil Procedure Code (V of 1908)

Section: 11

(a) Specific Relief Act (I of 1877)--- ----S. 12--- Specific performance of an agreement to sell--- Scope---Buyer/vendee who had not signed the agreement of sale was not disentitled from filing a suit seeking its specific performance. Muhammad Sattar v. Tariq Javaid 2017 SCMR 98 ref. (b) Specific Relief Act (I of 1877)--- ----S. 12---Civil Procedure Code (V of 1908), S. 11---Limitation Act (IX of 1908), First Sched., Art. 113---Suit for specific performance of an agreement to sell---Maintainability---Suit barred under the principle of res judicata and also filed beyond the prescribed period of limitation---In the present case, the appellant/vendee by his own showing had divested his purported interest in the said land (having statedly sold it to his brothers in 1973); he also did not array his brothers as parties in his suit filed in the year 1992, nor did so later---Brothers also did not come forward themselves to assert their purported rights of ownership in the said land---However, the respondent/vendor had arrayed the appellant/vendee and his brothers in his suit, which was decreed, and the unchallenged with regard to the said land constituted res judicata in terms of section 11 of the C.P.C.---Said unchallenged attained finality as neither the appellant nor his brothers challenged it was a party to respondent’s suit, and was also aware of the unchallenged , as it was exhibited in the appellant’s suit---As regards the point of limitation the appellant had filed the suit in the year 1992, seeking specific performance of a purported sale agreement dated 4th May 1966, that is, after a period of 26 years, which suit he then withdrew and filed the fresh suit in the year 1996, that is after 30 years---Suit seeking specific performance of a contract is required to be filed within three years, as per Article 113 of the First Schedule to the Limitation Act, 1908---Suit filed by appellant was not maintainable in view of the principle of res judicata and for being filed beyond the prescribed period of limitation---Civil Judge and Appellate Court when decreeing the suit of the appellant did not consider the objections of the respondent regarding res judicata and…

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