MUHAMMAD ZAKIR vs MUHAMMAD FAISAL Ss — 2022 MLD 874 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD ZAKIR VS MUHAMMAD FAISAL Ss.12, 39 & 42----Limitation Act (IX of 1908), Art.113---Agreement to sell---Limitation---Payment of part consideration---Admission---Out of total consideration some amount was paid by respondent and part payment was agreed to be paid as per the terms of agreement---Respondent filed suit for declaration, specific performance and permanent injunction---Petitioner filed suit for cancellation of the sale agreement---Trial Court had decreed the respondent's suit and dismissed the suit filed by petitioner---Appellate Court also dismissed the appeal filed by petitioner---Petitioner contended that the Appellate Court had not passed the speaking judgment; that Courts below had grossly ignored the case-law; that time was the essence of the contract; that respondent failed to pay balance sale consideration up to the specified date/time/place; that he also failed to deposit the remaining consideration on the first date of hearing of his suit; and that Courts below failed to consider the limitation in filing the suit---Validity---Both the courts below had dealt with petitioner's issue very elaborately, thus could not be lightly interfered with---Petitioner had failed to point out any perversity/illegality in impugned judgments/decrees passed by Courts below---Petitioner agitated the grounds at the revision stage, which had already been exhausted by him and properly adjudicated by the competent forums---Petitioner's plea as to respondent's suit been time-barred, had also been taken care of by Appellate Court---Date of performance was effected from the execution of the sale agreement, while in his cross-examination, petitioner had admitted that no time limit was fixed for performance of payment of balance amount---Balance amount was to be paid at the time of execution of sale deed---Petitioner also admitted his thumb impression over the payment receipt which factum prima facie showed his admission of receiving certain amounts---Revision petition was dismissed accordingly.

MUHAMMAD ZAKIR vs MUHAMMAD FAISAL Ss — 2022 MLD 874 KARACHI-HIGH-COURT-SINDH

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