Law: Specific Relief Act, 1877

Section: 54

Law: Limitation Act, 1908

Section: 115

Law: Contract Act, 1872

Section: 51

(a) Specific Relief Act (I of 1877)--- ----S. 54---Contract Act (IX of 1872), S. 51---Limitation Act (IX of 1908), Art. 115---Suit for permanent injunction-Maintainability--Concurrent dismissal of suit---Contention of the plaintiff, inter alia, was that the defendant had failed to perform their part of the agreement relating to suit land, and the plaintiff was therefore not bound to offer the right of way to the defendant under said agreement---Validity---Agreement between the parties was an admitted document---If the promise had failed to perform his part of the agreement, then the promisor, the predecessor-in-interest of the plaintiffs, was within his rights to repudiate the said agreement within the limitation period prescribed under the law---Plaintiff could not assail the breach of agreement after expiry of almost 25 years during which the suit land was used as a right of way by the defendants without any interruption---Perusal of record revealed that the said ' passage had been used by the plaintiffs for the last many years and such use was fully acknowledged by the agreement between the parties---Contention of the plaintiff that the defendant filed suit for permanent injunction without seeking declaration would have been relevant if the right of way could not be established by the defendants---Right of way was established by the defendants by reason of the agreement between the parties, hence suit for perpetual injunction was rightly held to be maintainable---Orders of courts below did not suffer from any illegality---Revision was dismissed. (b) Contract Act (IX of 1872)--- ----S.51---Limitation Act (IX of 1968), Art.115---If the promise had failed to perform his part of the agreement, then the promisor was within his rights to repudiate the said agreement within the limitation period prescribed under the law---Not open for the plaintiff to assail the breach of agreement after expiry of almost 25 years. ORDER TARIQ JAVAID, J.---This revision is filed against the concurrent finding of facts by both the courts below. A consolidated judgment and decree was passed by the learned trial Court on 2-10-2009 whereby suit filed by the petitioner was dismissed and…

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