Law: Constitution of Pakistan, 1973

Section: 185(3)

Limitation Act (IX of 1908)--Art.113--Constitution of Pakistan (1973), Art. 185(3)--Specific performance of agreement--Leave to appeal was granted to consider contention that respondent had admitted in his statement the receipt of certain amount as part payment towards price of the property and remaining amount was agreed to be paid later which fact was proved from the receipt, upon which the respondent handed over the possession of the disputed premises to the petitioner, which amounted to the extension of the period of limitation. Q.M. Saleem, Senior Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing: 21st February, 1989. ORDER USMAN ALI SHAH, J.--The petitioner seeks leave against the judgment and order dated 29-1-84 of the Lahore High Court, Lahore, passed in R.S.A.No. 281/83, where by suit for specific performance of the petitioner was dismissed through out. An agreement to sell regarding half portion of a House No.59ti, measuring 4-1/2 marlas belonging to the respondent was entered between the petitioner and the respondent for a sale consideration of Rs.4,500, vide Iqrarnama dated 17-6-1968. The petitioner paid Rs.3,000 as earnest money to the defendant/respondent and the remaining amount of Rs.1,500 was agreed to be paid at the time of registry i.e. 18-7-1968. It was also agreed that in case of failure on the part of the respondent he would pay Rs.1,000 more, in addition to the actual money received by h»n. On the alleged refusal of the respondent from receiving the remaining money and get the registry done, the petitioner filed a suit for specific performance. The suit was resisted by the respondent and raised a preliminary objection of limitation. The respondent also admitted the execution of the lqrarnama dated 17-6-1968, but deposed that the plaintiff/petitioner has failed to…

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