Law: Qanun-e-Shahadat (10 of 1984)

Section: 103

Law: Qanun-e-Shahadat (10 of 1984)

Section: 103

Law: Limitation Act, 1908

Section: SecondPart,113

Specific Relief Act (I of 1877)-------S. 12---Suit for specific performance of agreement---Plaintiff claimed that suit land described in the plaint was owned by the defendant who agreed to sell the same to the plaintiff for consideration vide agreement to sell---Plaintiff had alleged that entire amount of consideration was received by the defendant vide receipt, but defendant had refused to perform his part of the contract---Trial Court decreed suit filed by the plaintiff, but Appellate Court below dismissed suit of the plaintiff---Agreement to sell and receipt of amount of consideration had been admitted in the pleadings and also in evidence and there was no evidence to show that document/sale agreement was executed with an intention other than the one disclosed in said document---Appellate Court below, in circumstances, had acted against law while dismissing the suit, which was not barred by time---No date having been fixed for performance of agreement, the period of limitation was to commence from the date of refusal which was one month prior to the institution of the suit, which accordingly was filed within time prescribed by law--Judgment and decree passed by the Appellate Court below, was set aside and that of the Trial Court was restored. Hamid Ali Mirza for Appellants. Nadeem Shahzad Hashmi for Respondents. Syed Samar Hussain Shah for Applicant (in C.M. No.1 of 1999). Date of hearing: 18th July, 2008. JUDGMENT MAULVI ANWARUL HAQ, J.--- On 21-12-1976 Sh. Muhammad Yaqoob (predecessor-in-interest of the appellants) (hereinafter to be referred to as the plaintiff) filed a suit against Sh. Muhammad Bashir, the deceased respondent (now represented by his L.Rs.) (hereinafter to be referred to as the defendant). In the plaint, it was stated that the suit-land described in the plaint was owned by the defendant who agreed to sell the same to the plaintiff for a consideration of Rs.15,668 and Annas 10 vide agreement to sell dated 20-4-1959. The entire amount of consideration was received by the defendant vide receipt, dated 20-4-1959. After the said agreement the plaintiff had to shift to East Pakistan where he later became a prisoner of war. After his release, he…

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