Law: Specific Relief Act, 1877

Section: 12,54

Law: Transfer of Property Act, 1882

Section: 54

Law: Limitation Act, 1908

Section: 113

Law: Civil Procedure Code (V of 1908)

Section: 115

Specific Relief Act (I of 1877)--- ----Ss. 12 54---Transfer of Property Act (IV of 1882), S. 54---Limitation Act (IX of 1908), Art. 113---Civil Procedure Code (V of 1908), S. 115---Suit for specific performance of agreement to sell and injunction---Limitation---Sale on behalf of minor---Proof/ plaintiff sought specific performance of agreement to sell on the plea that owner of suit property was minor and his father entered into agreement to sell on his behalf---Trial Court and Lower Appellate Court dismissed the suit---Validity---Present was an oral sale therefore, petitioner/plaintiff was obliged to lead overwhelming and tangible evidence to prove the same but no concrete evidence was available to such effect---Payment of sale consideration was necessary corollary of a valid sale and vendee was obliged to prove the same through convincing and unimpeachable evidence, which was lacking---Payment of sale consideration was shrouded in mystery/plaintiff instituted suit while invoking second part of Art. 113 of Limitation Act, 1908, so he was obliged to explain delay of each and every day in filing suit but there was nothing on record to meet with the same and suit was barred by time---Concurrent findings of facts recorded by two Courts below were based on proper appraisal of evidence---None of the Courts below committed any illegality or material irregularity while dismissing suit of petitioner/plaintiff concurrently---Revisional jurisdiction had very limited scope and unless petitioner/plaintiff could establish that s assailed suffer with infirmities as hedged in S.115, C.P.C. he could not succeed---High Court in exercise of revisional jurisdiction declined to interfere in concurrent findings of facts by two Courts below as there was no illegality or material irregularity pointed out by petitioner/plaintiff--- Revision was dismissed, in circumstances. Muhammad Zofigan v. Muhammad Khan and 49 others PLD 2004 Lah. 255; Manzoor Hussain and others v. Bhole Khan and others 1991 CLC 640; Muhammad Umar Khan v. Mst. Aziz Begum and another 2001 MLD 448 and Muhammad Nawaz through L.Rs. v. Haji Muhammad Baran Khan through L.Rs. and others 2013 SCMR 1300 rel. ORDER MIRZA…

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