Mst. IQBAL BIBI vs ADDITIONAL DISTRICT JUDGE S — 2023 PLD 157 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 PLD 157 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: PLD
Parties: Mst. IQBAL BIBI vs ADDITIONAL DISTRICT JUDGE S
Subject matter: Civil
Provisions referred to: S. 12---L; Limitation Act (IX of 1908); Civil Procedure Code (V of 1908)

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. IQBAL BIBI VS ADDITIONAL DISTRICT JUDGE S.12---Limitation Act (IX of 1908), Art. 181---Civil Procedure Code (V of 1908), Ss. 48 & 115---Suit for specific performance of agreement to sell---Execution of decree---Limitation---Possession with decree-holder---Petitioner/judgment-debtor was aggrieved of order passed by Lower Appellate Court declaring Execution petition filed by respondent/ decree-holder to be within limitation---Validity---Suit for specific performance was always suit for possession and as possession was already with respondent/decree-holder, therefore, she did not require to file execution petition for possession of decretal land---Performance of second part was upon petitioner/judgment-debtor and respondent /decree-holder could file execution petition on her refusal for execution of remaining part of decree---Lower Appellate Court rightly set-aside order passed by Executing Court---High Court in exercise of revisional jurisdiction declined to interfere in judgment passed by Lower Appellate Court as petitioner/judgment-debtor failed to point out any illegality or irregularity in judgment of Lower Appellate Court---Revision was dismissed in circumstances.

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