| Case ID |
10921666-8663-4cd1-94e1-e65ce9dbc084 |
| Body |
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| Case Number |
Civil Appeal No. 191 of 2008 |
| Decision Date |
Sep 26, 2017 |
| Hearing Date |
|
| Decision |
The appeal was allowed, setting aside the judgments and decrees passed by the lower courts, which had dismissed the suit for specific performance on grounds of limitation and jurisdiction. The High Court ruled that the limitation period for the specific performance suit commenced upon the defendants' refusal to execute the deed. It was determined that the suit could be filed in the court where the agreement was executed and where the refusal occurred. The case was remanded for a fresh decision on merits. |
| Summary |
In the case of Civil Appeal No. 191 of 2008, the High Court (AJ&K) addressed critical issues surrounding the specific performance of a contract and the jurisdiction of civil courts. The appellant sought specific performance of an agreement dated 17.03.1984 but faced dismissal on the grounds of limitation and jurisdiction. The court clarified that the limitation period for such suits begins with the refusal by the defendant to execute the contract. It emphasized that the suit could be filed in the court where the agreement was made, reinforcing the importance of understanding the jurisdictional nuances in property-related disputes. The ruling highlighted the mixed nature of the limitation issue, necessitating evidence for determination. The decision reinforced the principles outlined in the Specific Relief Act, Limitation Act, and Civil Procedure Code, establishing a precedent for future cases involving similar legal questions. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
MOHAMMAD SHERAZ KAYANI,
MOHAMMAD AFSAR
|
| Lawyers |
Ch. Mohammad Riaz Alam
|
| Petitioners |
MOHAMMAD SHERAZ KAYANI
|
| Respondents |
MST. NAZIR BEGUM AND 20 OTHERS
|
| Citations |
2018 SLD 428,
2018 CLC 259
|
| Other Citations |
1999 CLC 954
|
| Laws Involved |
Specific Relief Act (I of 1877),
Limitation Act (IX of 1908),
Civil Procedure Code (V of 1908)
|
| Sections |
12,
Art. 113,
16
|