Muhammad Akram vs Province of Punjab through Collector District Sialkot First Sched

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Muhammad Akram VS Province of Punjab through Collector District Sialkot First Sched., art. 113---Specific Relief act (I of 1877) , S. 12---Suit for specific performance, filing of---Limitation---Decree for specific performance of agreement to sell was sought with the assertion/plea that though a target date was fixed but the same was extended, as per terms and conditions of the agreement automatically, due to pendency of the civil litigation inter se seller and his other co-sharers---Suit was concurrently dismissed on the ground of limitation---Validity---article 113 of the Limitation act, 1908, provides three years for filing such suit from the date fixed for the performance, or if no such date is fixed, when the plaintiff has notice that performance is refused---In the present case, the petitioner /plaintiff sought decree for specific performance of agreement to sell dated 25.02.2010 with the assertion that the target date was 15.03.2010 which was extended as per terms and conditions of the agreement, automatically, due to pendency of the civil litigation inter se seller (respondent/defendant) and his other co-sharers---It was evident from the record that no injunctive order germane to suit property was ever passed by any Court of competent jurisdiction in proceedings of the civil litigation and nothing as such was incorporated in the revenue record till the target date and the same position remained till 17.10.2012; meaning thereby the petitioner failed to perform his part of agreement till the target date and he even did not issue any notice showing his willingness to perform his part and the petitioner remained indolent for a considerable period--- Petitioner /plaintiff instituted the suit after transfer of the suit property in favour of the transferees (respondents) on 06.05.2013, which was beyond the period of limitation, prescribed under art.113 of the Limitation act, 1908, from the target date---Courts committed no illegality, irregularity and wrong exercise of jurisdiction, rather after evaluating evidence on record had reached a just conclusion--- Revision filed by the plaintiff, being merit-less, was dismissed in limine, in circumstances.

Muhammad Akram vs Province of Punjab through Collector District Sialkot First Sched — 2026 MLD 162 LAHORE-HIGH-COURT-LAHORE

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