Law: Limitation Act, 1908

Section: 12, 113

Law: Contract Act (IX of 1872)

Section: 10,29

Law: Qanun-e-Shahadat Order, 1984

Section: 117,118

Law: Code Of Civil Procedure, 1908.

Section: 115

Summary;

The Supreme Court dismissed the petition and refused leave to appeal, upholding the concurrent findings of the Lahore High Court and lower courts. The petitioner's suit for specific performance of an alleged 1983 sale agreement was deemed meritless due to limitation, evidentiary flaws, and lack of legal error in lower courts' judgments.

Specific Relief Act (I of 1877)---

----S. 12---Limitation Act (IX of 1908), First Sched., Art. 113---Suit for specific performance of agreement to sell, belated filing of---Limitation---Execution of the agreement to sell, denial of---Not mentioning proper description of property in the agreement to sell---Effect---Vendor being an illiterate old lady---The petitioner (vendee) allegedly entered into agreement to sell with the predecessor of respondents (their mother/vendor)in 1983---Earnest money was allegedly paid and remaining amount was agreed to be paid after the conclusion of the litigation pending in the courts---Later on, the predecessor of the respondents passed away in the year 1993---Suit for specific performance of agreement to sell was filed by the petitioner (vendee) in 2017---Held: No plausible reason was put-forth by the petitioner for such a long delay in filing the suit and the same on the face of it was barred by time and there was no valid explanation for such a delay---This aspect of the case was also considered by the High Court and courts below--Similarly, it was held by all courts that the alleged agreement to sell was an ambiguous document and no proper description of property was there---Moreover, the alleged vendor was an illiterate old lady being mother of four sons and three daughters but none of them was the signatory of the alleged agreement to sell as a witness to the same and similarly all the respondents had categorically denied the factum of alleged agreement to sell with the petitioner/vendor---No misreading, non-reading or any other material irregularity and illegality in the findings of the High Court and the courts below were pointed out---Petition being meritless was dismissed and leave was refused, in circumstances.