AMIR HUSSAIN vs JAMALUDDIN Ss — 2022 YLR 1247 KARACHI-HIGH-COURT-SINDH

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AMIR HUSSAIN VS JAMALUDDIN Ss. 12, 42 & 54---Limitation Act (IX of 1908), S. 12 & Art. 152---Suit for declaration, permanent injunction and specific performance was filed by petitioner on ground that he purchased agricultural land for consideration which was paid in presence of witnesses and since then he was enjoying possession and cultivation; that he was paying land revenue to government; that it was decided at time of execution of agreement of sale that the registered sale deed would be executed; that after lapse of 10 years the respondent (being close relative of petitioner) did not execute the registered sale deed in favour of petitioner---Suit was dismissed----Appeal was also rejected being time barred---Petitioner contended that valuable rights were involved in the case; that the matter required decision on merits rather than on technicalities; and that petitioner was seriously ill and due to such illness, he could not file appeal within time; and that the fact of illness had also been brought before appellate Court---Respondent contended that he neither offered for sale through agreement nor accepted such offer from petitioner; that alleged sale agreement was false/forged; that suit land had already been transferred through registered sale deed in favour of third party and that respondent was not the owner of the same----Validity---Record showed that suit was barred by S.42 of Specific Relief Act, 1877, as the alleged agreement was executed in 2008 but suit had been filed in 2018---Alleged deed/agreement did not contain any description regarding execution of registered sale deed---Appeal was not preferred within period prescribed by law---Order rejecting the plaint was passed while the petitioner applied for true copy of order which was prepared/delivered to him---Petitioner had failed to explain as to why soon after passing the order he had not preferred the appeal before District Court and the same was preferred in the month of February, 2019---Revision petition was dismissed accordingly.

AMIR HUSSAIN vs JAMALUDDIN Ss — 2022 YLR 1247 KARACHI-HIGH-COURT-SINDH

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