Mst. MUKHTAR BEGUM vs Mst — 2022 MLD 1474 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 MLD 1474 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: MLD
Parties: Mst. MUKHTAR BEGUM vs Mst
Subject matter: Civil
Provisions referred to: S. 12---L; Limitation Act (IX of 1908); Limitation Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mst. MUKHTAR BEGUM VS Mst. MUMTAZ ASGHAR (DECEASED) S.12---Limitation Act (IX of 1908), Art.113, second part---Suit for specific performance of agreement to sell---Limitation---Concurrent findings of facts by two Courts below---Suit filed by respondents / plaintiffs was decreed in their favour by Trial Court and Lower Appellate Court maintained the judgment and decree---Validity---No specific date was provided for execution of conclusive document-registered lease deed - or timelines for transfer of plot, subjected to condition of raising construction, whereafter lease hold rights were transferable---Matter fell within second part of Art. 113 of Limitation Act, 1908, when no specific date for performance was prescribed---Cause of action otherwise arose upon execution of General Power of Attorney, by legal heirs of deceased on 14-01-1999 - an act challenging interests of respondents / plaintiffs, wherefrom suit filed was within 3 years on 20-11-2001---Factum of rejection of earlier plaint was inconsequential as it was on the premise of non-maintainability of suit for declaration---High Court declined to interfere in concurrent findings of facts by two Courts below as there was no illegality committed by the Courts---Revision dismissed, in circumstances.

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