Law:

Section:

(a) Specific Relief Act (I of 1877)-------S. 12---Limitation Act (IX of 1908), Art.113 & S.3---Suit for specific performance of agreement to sell---Defendants, in the present case, had not pressed the issue of limitation before the Trial Court---Such question could not be re-opened by the Appellate Court firstly because the question of limitation in the case was not a pure question of law but one of fact also and the decision of the same depended upon the existence as well as proof of certain facts before declaring the suit of plaintiff as time-barred; and secondly the suit filed by the plaintiff was also prima facie not barred by limitation within the meaning of Art.113 of Limitation Act, 1908. (b) Specific Relief Act (I of 1877)--- ----S. 12---Limitation Act (IX of 1908), Art.113---Suit for specific performance of agreement to sell---Limitation---Agreement in question specifically mentioned that sale-deed was to be completed after conferment of proprietary rights by the Provincial Government, meaning thereby, that the specific performance was based on happening of certain future event i.e. issuance of sale-deed by the Provincial Government---Suit, in circumstances, could be filed under Art.113, Limitation Act, 1908 and period of three years was to commence from the execution of sale-deed by the Provincial Government---Principles. Mst. Bibi Khatoon and 7 others v. Abdul Jalil PLD 1978 SC 213 ref. (c) Civil Procedure Code (V of 1908)--- ----O. XLI, R.22---Appellate Court could not reverse the findings recorded by the lower Court in the absence of any cross objection or appeal. (d) Qanun-e-Shahadat (10 of 1984)--- ----Art. 79---Execution of a registered document duly endorsed by the Registrar on the back, raised a presumption of truth about genuineness of the executant of the said document---Said endorsement also carried a presumption of truth regarding passing of consideration under the document to its executant. Pirla and others v. Noora and others PLD 1976 Lah. 6 ref. (e) Specific Relief Act (I of 1877)--- ----S. 12---Colonization of Government Lands (Punjab) Act (V of 1912), S.19---Suit for specific performance of agreement to sell land---Such suit,…

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