Law: Specific Relief Act, 1877

Section: 12

Law: Limitation Act, 1908

Section: 113

Law: Civil Procedure Code (V of 1908)

Section: 2

(a) Specific Relief Act (I of 1877)--- ----S.12---Limitation Act (IX of 1908), Art.113---Civil Procedure Code (V of 1908), O.VI, R.2, O.VII, R. 2---Suit for specific performance---Oral agreement---Pleadings---Subject-matter of the suit is immovable property---Limitation---Scope---Plaintiff filed suit for specific performance on the basis of an oral agreement to sell and sought cancellation of mutation against the defendants---One of the defendants (to whom the suit property was sold by other defendants) filed a suit for possession of the suit property on the basis of mutation---Suit filed by plaintiff was concurrently decreed---Validity---Plaintiff had failed to plead and prove the time, date and place of alleged transaction of oral agreement---Plaintiff had not even pleaded the names of witnesses in whose presence bargain of oral agreement was stuck---No receipts with regard to payment of the sale consideration had been brought on record---Description of the suit property had not been given in the plaint---Oral agreement was arrived at between the parties as back as in the year 1975 and the suit was instituted in the year 2002---Suit was barred by limitation---Defendant had a mutation in his favour which had been entered, sanctioned and incorporated in the revenue record after due process, thus, he was entitled to the decree for possession because he was lawful owner of the disputed property---Civil revision was allowed, s and decrees passed by courts below were set aside and the suit filed by defendant was decreed. Muhammad Nawaz through L.Rs. v. Haji Muhammad Baran Khan through L.Rs. and others 2013 SCMR 1300 and Karamdad v. Manzoor Ahmad and 2 others 2015 CLC 157 rel. (b) Specific Relief Act (I of 1877)--- ----S.12---Civil Procedure Code (V of 1908), O.VI, R.2---Suit for specific performance---Oral agreement---Pleadings---Scope---When a case is instituted on the basis of oral agreement, minute detail of each and every event has to be pleaded and proved. (c) Civil Procedure Code (V of 1908)--- ----O.VI, R. 2, O. VIII, R. 2---Pleadings to state material facts and not evidence---New facts must be specifically pleaded---Maxim: Secundum allegata et…

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