Law: Specific Relief Act, 1877

Section: 12

Law: Limitation Act, 1908

Section: 13

Law: Transfer of Property Act, 1882

Section: 53A

Transfer of Property Act (IV of 1882)-------S. 53-A---Specific Relief Act (I of 1877), S. 12---Limitation Act (IX of 1908), First Sched. Art. 113---Right in favour of transferee---Scope---Suit for specific performance of contract---Limitation---Existing right not extinguished by any period of limitation---Transferee filed a suit for specific performance against the transferor claiming that subject property was sold and possession was delivered to him for a certain sale consideration, which was paid entirely---Transferor denied execution of the sale deed---Plea of transferor was that the suit was barred by time --Validity---Though for filing of suit for specific performance of a contract, the prescribed period of limitation was three years but as the transferee had instituted the suit on the basis of Iqrarnama, which was coupled with transfer of possession after payment of entire sale consideration, the impediment and hurdle of limitation would not come in their way, because where a plaintiff continues to enjoy a right then the statute of limitation cannot take away such a right as the law of limitation is not meant to take away an existing right and it only bars remedy to gain one's lost right---Right created under S.53-A of the Transfer of Property Act, 1882, is an existing right and is not vanished by any length of time---There cannot be any expiry date for enjoyment of a right conferred upon a transferee in possession under S.53-A of the Act ibid---Authenticity and veracity of Iqrarnama had fully been proved by the transferees, whereas the deposition of attorney of the transferors, was based on hearsay as he was not present at the relevant time, so non-appearance of the transferors in the witness box and making deposition on oath also went against them---Civil revision was allowed accordingly.Syed Hakeem Shah (Deceased) through LRs and others v. Muhammad Idrees and others 2017 SCMR 316; Mst. Rehmat and others v. Mst. Zubaida Begum and others 2021 SCMR 1534; Mrs. Zakia Hussain and another v. Syed Farooq Hussain PLD 2020 SC 401; Nazim-Ud-Din and others v. Sheikh Zia-Ul-Qamar and others 2016 SCMR 24; Sultan Muhammad and another v. Muhammad Qasim and others 2010…

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