Law:

Section:

(a) Constitution of Pakistan (1973)-Art. 185 (3)-Leave to appeal-Concurrent findings of fact- ­Concurrent finding of lower Courts holding suit being filed well within three years from date of refusal of performance of contract and such finding being supported by evidence-Held, cannot be challenged, in Supreme Court on petition for special leave to appeal-Limitation Act (IX of 1908), Art. 113. (b) Limitation Act (IX of 1908)- --- Art. 113-Specific performance of contract-Limitation, running of--In consideration of payment of price by respondent for shops purchased by petitioners' predecessor-in-interest, purchaser executing agreement deed in favour of respondent stipulating to sell such shops to respondent and to get sale deed registered as soon as P. T. D.'s for shops issued by Settlement Department-P. T. D.'s issued in favour of purchaser - No evidence showing respondent having knowledge of date when P. T. D.'s were to issue or actually issued-No particular date fixed for performance of agreement-Suit for specific performance of contract to sell, held, fell not within first part but within second part of Art. 113, and limitation ran from date respondent-plaintiff had notice of refusal of performance and not from date of issue of P. T. DA-Specific Relief Act (I of 1877), S. 12. Sathula Venkanna v. Namuduri Venkattakrishniyya 41 I C 807 : Dunkambe v. Brigton Club Co, (1874) 10 Q B 307 ; Muniswami v. B. M. Shamana A I R 1950 Mad. 820 ; Juggomohun Ghose v. Manickchand and another 7 M I A 263 ; Lala Ram Sarup v. Court of Wards through Deputy Commissioner, Delhi End others A I R 1940 P C 19 ; Alopi Parshad and another v. Court of Wards and others A I R 1938 Lah. 23 and R. Muniswami Goundar and another v. B. M. Shamanna Gouda and others A I R 1950 Mad. 820 referred and discussed. Syed Riaz Ahmad Pirzada and Ch. Akhtar Ali, Advocate-on-Record for Petitioners. Nemo for Respondent. Date of hearing : 25th May 1978. ORDER DORAB PATEL, J.-This petition for leave has been filed against a judg­ment of the Lahore High Court, by which the Lahore High Court dismissed in limine a second appeal filed by the petitioners against a judgment of the first appellate Court by which the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492