INAYAT ALI and others vs ABBAS ALI
This matter concerns a petition for leave to appeal against a judgment of the High Court, which had dismissed the petitioners' civil revision on the grounds of limitation. The core legal questions addressed were whether the suit for specific performance was barred by limitation and whether a sale could be considered complete when proprietary rights had not yet been conferred upon the vendor. The lower appellate court and the revisional court had concurrently found as a matter of fact that the vendees failed to establish that possession was delivered at the time the sale agreement was executed. The Supreme Court upheld the High Court's decision, finding no error in the reasoning or the application of the law. The Court held that a sale cannot be deemed completed before the vendor has acquired the necessary proprietary rights to transfer title. Consequently, the Court found no grounds to interfere with the concurrent findings of the lower courts and dismissed the petition, refusing leave to appeal.
- Can a sale be considered complete if the vendor has not yet been conferred with proprietary rights?
- Does the failure to establish delivery of possession at the time of the sale agreement affect the limitation period for a suit?
- Are concurrent findings of fact regarding the delivery of possession subject to interference in a petition for leave to appeal?
ORDER
' KHALIL-UR-REHMAN RAMDAY, J.--- The petitioner svendees were non-suited by the High Court on the ground of limitation. It has been found as a fact by the two learned Courts i.e, the learned appellate Court and the Honourable Revisional Court that the vendees had not been able to establish that possession had been delivered to them when the sale agreement in question had been executed by the vendor in their favour. The learned Advocate Supreme Court has also not been able to show as to how could a sale be said to be completed before the time when proprietary rights had still not been conferred on the vendor. These were the two essential issues, on account of which, the learned Judge in Chambers had dismissed the petitioners' Civil Revision No,1057 of 1996 which then led them to this Court with the present petition.
2. Having examined all aspects of the matter, we find that no exception could be taken to the said findings and the proposition of law as laid down by the Honourable High Court. This petition is, therefore, dismissed. Leave refused.