| Citation(s) |
|---|
| 1982 SLG 3021 = 1982 SLD 3021 = 1982 CLC 81 |
Lahore High Court
Regular Second Appeal No. 502 of 1979, decided on 22nd November 1980.
Presented By: Khurshid Ahmad, J
Mian Nusrat Ullah fur Appellant. Mian Sher Alam for
Respondents Nos. 14, 15, 16, 17 and 19. Nazir Ahmad Qureshi for
Respondents Nos. 1, 2, 4, 5, 6, 7, 8, 10, 11, 12 and 13.
Respondents Nos, 3, 9, 18 and 20 : Ex parle (vide order dated 30th June 1980).
Regular Second Appeal No. 502 of 1979, decided on 22nd November 1980.
Presented By: Khurshid Ahmad, J
Mian Nusrat Ullah fur Appellant. Mian Sher Alam for
Respondents Nos. 14, 15, 16, 17 and 19. Nazir Ahmad Qureshi for
Respondents Nos. 1, 2, 4, 5, 6, 7, 8, 10, 11, 12 and 13.
Respondents Nos, 3, 9, 18 and 20 : Ex parle (vide order dated 30th June 1980).
Mirza MUHAMMAD HUSSAIN-Petitioner
VERSUS
ABDUL HAMID AND OTHERS-Respondents
Law: Colonization of Government Lands (Punjab) Act, 1912
Section: 19
Law: Specific Relief Act (I of 1877)
Section: 22
Law: Civil Procedure Code (V of 1908)
Section: 20(C)
Law: Transfer of Property Act (IV of 1882)
Section: 41
(a) Colonization of Government Lands (Punjab) Act (V of 1912) S. 19-Land-Sale agreed to be made after original allottee transferred proprietary rights-Agreement, h_ eld_ , not hit by S. 19 of Act. Mirza Muhammad Ahmad Beg v. Mirza Amjad Beg P L D 1978 Lah. 421; Ghulam Muhammad v. Lakha Singh A I R 1935 Lah. 181 and Mst. Khurshid Begum v. Inam Rabbani 1979 C L C 570 ref. (b) Specific Relief Act (I of 1877) S. 22-Transfer of land-Oral agreement-Limitation Transfer of land agreed to be made after proprietary rights acquired-Three years time for filing suit for specific performance, held, would start from date of accrual of cause of action-[Limitation]. (c) Civil Procedure Code (V of 1908) S. 20 (c)-Cause of action-Contract to be performed on happening of certain events-Cause of action in such case, held, accrue on happening of such certain event.-[Cause of action]. (d) Specific Relief Act (I of 1877) S. 22 and Transfer of Property Act (IV of 1882) S. 41 and Civil Procedure Code (V of 1908), S. 100-Neither bar under S. 22, Specific Relief Act pleaded nor protection under S. 41 of Transfer of Property Act claimed-Plea, held, cannot be raised at stage of second appeal. Kissen Gnpal Salaney v. Kally Prosonno Sett (1905) 33 Cal. 633 ref. (e) Civil Procedure Code (V of 1908) S. 100-Finding of trial Court on an issue not challenged by respondents before lower appellate Court-Grounds on which finding based carrying no legal basis--Finding reversed. (f ) Civil Procedure Code (V of 1908) 0. XLI, r. 27 & S. 100-Second appeal-Additional evidence, production of-Documents/agreements neither relied nor produced before trial Court-Explanation for non-production : that documents handed over to counsel but not produced by him for reasons best known to him-Application for production of such additional evidence in second appeal-Held not maintainable.--[Evidence]. Date of hearing: 11th and 12th November, 1980. …