MUHAMMAD SALEEM RAHI vs AHSAN ULLAH S — 2022 YLRN 143 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD SALEEM RAHI VS AHSAN ULLAH S. 12---Limitation Act (IX of 1908), S. 19 & Art. 113---Suit for specific performance---Limitation---Effect of acknowledgement in writing---Scope---Plaintiffs filed suit for specific performance of an agreement to sell after about a decade---Agreement to sell showed that the plaintiffs and defendant would complete the process of sale/ purchase on specific date, which was allegedly extended by written notes, hence, the plaintiffs argued that after the receipt of alleged payment their suit should be adjudged or considered at the touchstone of second clause of Art. 113 of the Limitation Act, 1908 and limitation for filing of the suit had started from the denial of defendant to execute the sale- deed---Validity---No express agreement was made in writing between the parties resorting to novation of contract or acknowledgement in terms of S. 19 of the Limitation Act, 1908---Plaintiffs had failed to prove the execution of agreement to sell and payments of amount(s) as the defendant had categorically denied the execution of agreement as well as receipt of amounts in two installments out of total sale consideration amount---Plaintiffs had failed to point out any misreading of evidence, erroneous assumption of facts, non-consideration of material evidence and excess or abuse of jurisdiction by the Appellate Court requiring interference---Civil revision was dismissed.

MUHAMMAD SALEEM RAHI vs AHSAN ULLAH S — 2022 YLRN 143 LAHORE-HIGH-COURT-LAHORE

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Judgment text as reported