Law:

Section:

(a) Specific Relief Act (I of 1877)-------S. 12---Limitation Act (IX of 1908), Art. 113---Suit for specific performance of agreement to sell---Dismissal of suit being barred by time---Validity---Courts below had erred in holding that plaintiff's suit was barred by time ---Plaintff's suit clearly fell within second part of Art. 113, Limitation Act, 1908, and period.? of limitation was to be computed against him from the date when he got notice '', that specific performance of agreement was refused because no date was fixed; for performance of agreement and period of limitation would run from the date`t, when plaintiff got notice that specific performance of agreement was refused andâ-žnot from the date of issuance of P.T.D. in favour of respondents---Since no date or period had been given by defendants as to when plaintiff refused to get he sale-deed registered in his favour as alleged by defendants, date of refusal wouldbe deemed to be the date when defendants sold property in question to subsequent vendees i.e. 19-12-1981---Suit instituted by plaintiff on 18-1-1982, was, thus well within period of limitation. Mst. Bibi Khatoon and 7 others v. Abdul Jalil PLD 1978 SC 213;1­Miran alias Meer Muhammad v. Ghulam Hussain PLD 1985 Kar. 674; Haji~:;-,, Abdur Rehman and 3 others v. Noor Ahmad and 3 others PLD 1974 BJ 25;;x`;. Mrs. Mariam and others v. Muhammad Ayub 1985 CLC 2531; Fazal Dad and$" others v. Jehandad and others 1991 CLC 1783; Mst. Ahmadi Begum v. S. Israr -~"` Ali and another 1985 CLC 2335; Muhammad Shaft and others v. Allah Dad Khan PLD 1986 SC 519; Mst. Khair-ul-Nisa and 6 others v. Malik Muhammad Ishaque and 2 others PLD 1972 SC 25; Mst. Sarraya Begum and others v. Mst." Subari Begum and others 1992 SCMR 652; Abdul Hameed v. Ghulam Muhammad and others 1987 SCMR 1005; Muhammad Zaheer Khan and another, ' v. Muhammad Zamir Khan 1987 SCMR 1144 and Muhammad Anwar v. Arshad Jillani 1988 SCMR 1190 ref. (b) Specific Relief Act (I of 1877)--- ----S. 27---Purchase by subsequent vendee ---Epithets "for value", "in good faith", "-without notice"---Essentials---Subsequent vendee's failure to prove that he was transferee for value who had paid his money in good…

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