GHULAM QADIR vs KHANDU
This matter arises from a petition for leave to appeal against the judgment of the Lahore High Court, Bahawalpur Bench, dated 16-6-1994, passed in a civil revision. The respondent had filed a suit for declaration on the basis of an agreement of sale dated 3-12-1961, which was later amended to include a prayer for specific performance. The trial court decreed the suit, but the appellate court reversed the decision and dismissed the suit. Subsequently, the High Court accepted the respondent's revision petition and restored the trial court's judgment. The core legal question raised before the Supreme Court pertains to the period of limitation for a suit for specific performance based on an agreement where no specific date for the execution of the sale deed is fixed, and whether the limitation period begins from the date of the execution of the agreement or from the date of denial. The petition is presented for consideration of these legal grounds.
- What is the limitation period for filing a suit for specific performance of an agreement of sale when no date for execution is fixed in the agreement?
- Does the limitation period for specific performance commence from the date of the agreement or from the date of refusal or denial?
- Is a suit for declaration maintainable without seeking specific performance when based on an agreement of sale?
ORDER
' FAZAL ILAHI KHAN, 3-Petitioner seeks leave to appeal against the judgment of learned Lahore High Court, Bahawalpur Bench, Bahawalpur dated 16-6-1994 passed in Civil Revision No, 141-D of 1984/BWP.
2. Respondent filed a suit for declaration on 18-12-1972 to the effect that he is owner in possession of the land in suit on the basis of the agreement of sale dated 3-12-1961. In his written statement filed by the Petitioner after denying very execution of the agreement of sale it was further stated that the suit in the present form was not maintainable. On 10-7-1976 the respondent/plaintiff was allowed to amend his plaint in which besides the declaration, relief by specific performance of sale agreement was also prayed for. After framing of issues the learned trial Court decreed the suit on 8-5-1980 on its finding on issue No,5. In appeal filed by the petitioner/defendant the learned Additional District Judge, Bahawalpur reversed the finding on issue No,5 and in consequence accepted the appeal, set aside the judgment of the trial Court and dismissed the suit vide order dated 8-3-1984. Dissatisfied with the judgment and decree the respondent/plaintiff approached the learned High Court in its provisional jurisdiction. The learned High Court reversed the finding of the learned Additional District Judge and in consequence accepted the revision petition, set aside the judgment and decree of the learned Additional District Judge and restored that of the learned trial Judge by judgment dated 16-6-1994 against which leave is sought for.
3. It was contended by the learned counsel for the petitioner that there being no period for execution of the sale-deed fixed in the agreement in question the period of limitation would be 3 years from the date of execution of the deed and not from the date of denial which allegedly was made after more than 11 years of such execution.
Cited by 1 case
- Syed GHULAM SHABBIR vs AHMAD 2006 YLR 2304