GHULAM AHMAD vs SHEIKH and 5 others
The petitioner filed a suit for specific performance of an agreement for sale of property, which was decreed by the trial Court on 25-11-1961 and upheld in appeal on 22-6-1962. A subsequent revision petition filed by the respondents abated on 21-10-1967. Approximately five years later, on 31-7-1972, the petitioner applied for permission to deposit the purchase price, but the trial Court dismissed the application on the ground of limitation. The High Court dismissed the petitioner's subsequent revision petition, leading to a petition for leave to appeal before the Supreme Court. The core legal question concerns whether the execution of a decree can be denied on the ground of limitation when the trial Court failed to prescribe a specific period for the judgment-debtor to fulfill obligations. The Supreme Court granted leave to appeal to examine this question, directing security for costs and the continuation of the status quo.
- Whether execution of a decree could be denied to the petitioner on the ground of limitation when the trial Court had not prescribed the period within which the judgment-debtor was required to fulfil the obligations created thereunder?
ORDER
' SAAD SAOOD JAN, J.--The petitioner's suit for specific performance of an agreement for sale of property was decreed by the trial Court on 25-11-1961. The appeal against the judgment and decree was dismissed on 22-6-1962. The respondents then filed a revision petition. It was disposed of on the ground of abatement on 21-10-1967. About 5 years later, that is 31-7-1972, the petitioner moved an application before the trial Court for permission to deposit the purchase price. His application was dismissed on the ground of limitation. He filed a revision petition in the High Court but it was dismissed. He now seeks leave to appeal from this Court.
2. Leave to appeal is granted to consider the question whether execution of decree could be denied to the petitioner on the ground of limitation when the trial Court had not prescribed the period within which the judgment-debtor was required to fulfil the obligations created thereunder.
Security for costs in the sum of Rs,5,000. The appeal may be made ready for hearing on the present record with a direction to the parties to file additional documents, if any, within two months. The direction with regard to maintenance of status qua already given by this Court to continue.