Law: Specific Relief Act (I of 1877)

Section: 12 , 115

Law: Civil Procedure Code (V of 1908)

Section:

  Specific Relief Act (I of 1877)--- ----S. 12---Suit for specific performance of agreement---Suit, though was filed 13 years after execution of agreement of sale, but contention of plaintiff that defendant had refused to get agreement to sell registered one week before filing of suit, remained unrebutted and unchallenged---Since time was not essence of contract and no specific date for registration of sale-deed was given in agreement to sell, suit filed within a week from refusal of defendant to get sale-deed registered, was within time in circumstances. Civil Procedure Code (V of 1908)--- ----S. 115---Specific Relief Act (I of 1877), S. 12---Revisional jurisdiction, exercise of---Concurrent judgments and decrees passed by Courts below, based on evidence on record and not suffering from any illegality, material irregularity or jurisdictional defect, could not be interfered with in revisional jurisdiction of High Court especially when no misreading or non-reading of evidence on part of Courts below, was pointed out. Rafiq Javed Butt for Petitioner. ORDER On 28-7-1985, Allah Din respondent filed a suit for specific performance of agreement to sell dated 22-3-1972 against Muhammad Yasin petitioner in the Court of Civil Judge, Kharian. The suit was resisted, issues were framed. The parties led their evidence. The Plaintiff produced Muhammad Ismail P.W. 1, Jamal Din P.W. 3 and Mian Muhammad Akram P.W. 4. He, himself, appeared as P.W.2. Agreement to sell was exhibited and proved as EX.Pl. To rebut this evidence, the petitioner produced Khuda Bakhsh D.W.1, Muhammad Shari D.W. 2. Muhammad Shafi D.W. is son as well as general attorney of the petitioner. The trial Court decreed the suit on 20-6-1989. The appeal filed by the petitioner against this judgment and decree was dismissed by the learned Additional District Judge, Gujrat on 29-5-1990, hence this revision.   2. Before me, the learned counsel has challenged the findings of the Courts below on issues Nos.l to 4, which are as under:------- ISSUES.- "Whether the defendant sold the suit property to the plaintiff for a consideration of Rs.1,800 vide agreement dated 22-3-1972 and also handed over its…