Law: Limitation Act (IX of 1908)

Section: 65,115

Limitation------   ----Starting point-Fresh circumstances, or set of circumstances, coupled with old facts which themselves constitute completed cause of action-May give rise to second and fresh cause of action-Limitation for suits-Determining starting point --Court to take into consideration circumstances preventing plaintiff" front taking action in pursuance of his right (e. g., plaintiff's right of appeal or review against order of cancellation of lease of land granted by Deputy Commissioner)-Limitation Act (IX of 1908), Arts. 65 & 115.   Abdul Ghafur v. Thal Development Authority, Jauharabad P L D 1958 Lah. 169 rel.   Chandra Mani Saha v. Anarjan Bibi A I R 1934 P C 134; Mst. Ranee Surno Movee v. Shooshee Mokhee Burmonia and others 12 Moore's I A C 244 ; Bassu Kaur v. Dhum Singh I L R 1898 All. 47 ; Murlidhar and others v. Ram Saran Das and others A I R 1947 All. 256 ; Haji Adam v. Levant Line and two others P L D 1959 Kar. 364 and F. A. Khan v. The Government of Pakistan P L D 1964 S C 520 ref.     Dates of hearing : 3rd and 4th March 1964.     JUDGMENT   MUHAMMAD AKRAM, J.-This is a regular second appear against the judgment and decree passed by the District Judge Montgomery.   2. The facts in brief are that on the 3rd of January 1946, Muhammad Sharif respondent submitted a tender temporary cultivation of State land situated in Chak No. 88-A/6-R, Tehsil and District Montgomery. According to one of the terms of the tender he was required to deposit Ks. 7,000 with the Public Works Department (Irrigation Branch) in order to meet the cost of construction of a bond and a water course on the land. The respondent did not deposit the stipulated amount in cash and instead of it made an application to the authorities that he may be permitted to undertake the construc tion of the 6und and the water course on tile land at his cost. On the 1st of April 1946, the Deputy Commissioner, Montgomery, accepted the tender for the temporary cultivation of the land submitted by the respondent on the following conditions:   That the respondent shall construct the water-course at Sukharawa near Burji No.18820RD,…