Law: Specific Relief Act (I of 1877)

Section: 12 , 113

  Specific Relief Act (I of 1877)--- ----S. 12---Limitation Act (IX of 1908), Art. 113---Suit for specific performance of contract---Dismissal of suit as time-barred---Validity---Cause of action as per averment in plaint arose in favour of plaintiff on 28-9-1966 when defendant refused to complete the deal---Defendant in reply to such assertion only stated that there was no cause of action in favour of plaintiff but did not specifically deny plaintiffs claim as to accrual in cause of action on the date mentioned therein---Defendant, therefore, not only failed to pin-point any date but he did not appear as his own witness even to formally deny the allegations---Plaintiffs evidence thus, remained unrebutted, and suit instituted on 7-11-1966 was within time. Specific Relief Act (I of 1877)--- ----S .12---Limitation Act (IX of 1908), Art. 113---Dismissal of suit as being barred by limitation---Courts below did not work out point of limitation in accordance with law and their findings were based on surmises and conjectures to the effect that suit was barred by-limitation ---Such fact alone would be sufficient to set aside findings rendered by Courts below on question of limitation---Apart from question of limitation, Courts below, did not give any findings on other issues---Case was remanded to Trial Court for decision of remaining issues. Specific Relief Act (I of 1877)--- ----S: 12---Limitation Act (IX of 1908), Art. .113---Suit for specific performance of contract---Agreement to sell was dated 24-7-1963 and just a week thereafter, i.e. 31-7-1963 defendant's father filed suit for declaration that he was owner of property in question---Such suit was dismissed by Trial Court and ultimately appeal was dismissed on 22-12-1967---No suit, thus, could be brought on basis of agreement till 22-12-1967,   when title of defendant became clear---Suit filed by plaintiff, therefore, was not hit by limitation. Lakshminatayana Reddiar v. Singaravelu Najcker and another AIR 1963 Mad. 24 rel. Haji Sattar Haji Muhammad v. Allah Rakhya Dhanji PLD 1963 (W.P.) Kar. 786; Momtazul Karim and others v. Abu Hussain and another 1970 SCMR 816; Muhammad Din and others v. Muhammad…