Law: Specific Relief Act, 1877

Section: 42,55

Law: Specific Relief Act, 1877

Section: 42,55

Law: Limitation Act, 1908

Section: 14,120,3

(a) Specific Relief Act (I of 1877)-------Ss. 42 & 55---Limitation Act (IX of 1908), Arts.14 & 120---Suit for declaration and mandatory injunction---Auction of plot by Government---Deposit of 1/3rd of highest bid money offered by plaintiff---Subsequent unilateral increase in price of plot by defendant while directing plaintiff to deposit same by specified date, otherwise his earnest money would stand forfeited---Deposit of such enhanced amount by plaintiff to avoid forfeiture of earnest money---Plaintiff's prayer was that such unilateral enhancement of bid money was illegal and inoperative against his rights as successful bidder and claimed refund of excess amount from defendant---Defendant's plea was that plaintiff had deposited enhanced amount with his free-will and without coercion, thus, he was estopped to challenge same; and that suit was time-barred---Proof---According to terms and conditions of auction, Auction Committee could reject or accept bid, but could not enhance bid amount offered by highest bidder---Committee instead of rejecting or accepting plaintiff's bid had enhanced bid money unilaterally---Plaintiff as witness deposed that in order to save earnest money, he had deposited enhanced amount under coercion and compulsion---Plaintiff during cross-examination denied defendant's suggestion that he had been offered to withdraw earnest money, if enhanced amount of bid was not acceptable to him---Defendant's witness during cross-examination admitted that plaintiff had not been given option to withdraw earnest money---Plaintiff had not sought cancellation of order of enhancement of bid money, but had prayed for declaring same as inoperative against his rights, which would attract Art. 120 of Limitation Act, 1908---Nothing on record to show that plaintiff had accepted enhanced bid money---Plaintiff had no option except to deposit enhanced amount---Suit was decreed in circumstances. Commissioner of Income Tax Companies Zone-IV, Karachi v. Hakim Ali Zardari 2006 SCMR 170 and Malhar v. Government of Sindh and others 2005 CLC 285 ref. Punjab Province v. Nisar Ahmad PLD 1960 (W.P.) Lah. 801 rel. (b) Limitation Act (IX of 1908)--- ----S.…

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