GHULAM QADIR vs GHULAM MUHAMMAD KALEEM S — 2025 SCMR 1425 SUPREME-COURT

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GHULAM QADIR VS GHULAM MUHAMMAD KALEEM S. 12---Limitation Act (IX of 1908), First Sched., Art. 113---Suit for specific performance of agreement to sell, belated filing of---Limitation---Execution of the agreement to sell, denial of---Not mentioning proper description of property in the agreement to sell---Effect---Vendor being an illiterate old lady---The petitioner (vendee) allegedly entered into agreement to sell with the predecessor of respondents (their mother/vendor)in 1983---Earnest money was allegedly paid and remaining amount was agreed to be paid after the conclusion of the litigation pending in the courts---Later on, the predecessor of the respondents passed away in the year 1993---Suit for specific performance of agreement to sell was filed by the petitioner (vendee) in 2017---Held: No plausible reason was put-forth by the petitioner for such a long delay in filing the suit and the same on the face of it was barred by time and there was no valid explanation for such a delay---This aspect of the case was also considered by the High Court and courts below---Similarly, it was held by all courts that the alleged agreement to sell was an ambiguous document and no proper description of property was there---Moreover, the alleged vendor was an illiterate old lady being mother of four sons and three daughters but none of them was the signatory of the alleged agreement to sell as a witness to the same and similarly all the respondents had categorically denied the factum of alleged agreement to sell with the petitioner/vendor---No misreading, non-reading or any other material irregularity and illegality in the findings of the High Court and the courts below were pointed out---Petition being meritless was dismissed and leave was refused, in circumstances.

GHULAM QADIR vs GHULAM MUHAMMAD KALEEM S — 2025 SCMR 1425 SUPREME-COURT

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