Syed ATHAR HUSSAIN SHAH vs Haji MUHAMMAD RIAZ S — 2022 SCMR 778 SUPREME-COURT

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

Syed ATHAR HUSSAIN SHAH VS Haji MUHAMMAD RIAZ S. 9, First Sched., arts. 91, 113 & 120---Specific Relief act (I of 1877), Ss. 12, 39 & 42---Civil Procedure Code (V of 1908), O.XXIII, R. 2---Transfer of Property act (IV of 1882), S. 53-a---Suit for specific performance of agreement, cancellation of agreement and declaration---Limitation period, commencement of---adding relief to a suit to primarily save it from the consequence of having been filed beyond the period of limitation---In the present case, the petitioner's (plaintiff's) conduct in filing the first suit, not paying requisite court fee, which resulted in the rejection of the plaint, filing the second suit, withdrawing it, and then filing the third suit was inexplicable---Rejection of plaint in the first suit and the withdrawal of the second suit would not help avoid the period of limitation as made clear from R. 2 of O. XXIII of the C.P.C.---First suit had sought the specific performance of the agreement and the second suit also the cancellation of the sale deed---For both these causes of action the prescribed period of limitation was three years as respectively provided under art. 113 and art. 91 of the First Schedule of the Limitation act, 1908---Petitioner's third suit had sought the specific performance of the agreement, the cancellation of the sale deed, which was executed when there was no suit pending, and a declaration with regard to the ownership of the land---Third suit was filed after three years and was time-barred with regard to seeking the specific performance of the agreement and for the cancellation of the sale deed---Petitioner had primarily sought the specific performance of the agreement, then the cancellation of the sale deed and had added the declaratory relief to primarily save the third suit from the consequence of having been filed beyond the period of limitation---Linking or combining of S. 53-a of the Transfer of Property act, 1882 with the petitioner's suit would not benefit him by extending the period of limitation and save the third suit as said section could not be used as a weapon of offence---Third suit filed by the petitioner was belatedly filed---Petition for leave to appeal was dismissed and leave was refused. Head NotesCase Description Citation Name: 2022 SCMR 778 SUPREME-COURTBookmark this Case Syed ATHAR HUSSAIN SHAH VS Haji MUHAMMAD RIAZ S. 9---Limitation period, commencement of---Once the period of limitation commences it cannot be stopped or be avoided by introducing another cause of action or relief in the suit or by reformulating them---Substance of the relief has to be seen, and if a relief is added for which there is a longer period of limitation it would not save the suit. Head NotesCase Description Citation Name: 2022 SCMR 778 SUPREME-COURTBookmark this Case Syed ATHAR HUSSAIN SHAH VS Haji MUHAMMAD RIAZ S. 53-a---Possession of property obtained in part performance of a contract---Section 53-a does not confer or create a right, and its use is defensive. Head NotesCase Description

Syed ATHAR HUSSAIN SHAH vs Haji MUHAMMAD RIAZ S — 2022 SCMR 778 SUPREME-COURT

Case information

Judgment text as reported

Other judgments reported in 2022 SCMR