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MUHAMMAD YOUSUF versus BADRUDDIN AHMED


Articles 12 and 35 of the Limitation Act (IX of 1908), Articles 113 of the Contracting Act (IX of 1872), Sections 55, 63 and 66 of the High Court set aside the delay in filing a lawsuit for the specific performance of the contract of sale. The question of the expiration of the due period was the effect of the increase in the value of the asset that was ready and willing to perform its part of the obligation under the effective plaintiff agreement and they sent letters and telegrams to the lawyers of the defendants' foregoing which The latter did not reply, but a defendant's predecessor promised in favor of the aforesaid property that the plaintiff had been silent for about a year and a half. And because of this he was not entitled to any special performance equal relief because the party simply cannot be suitable for growth. When the deadline was still pending, the queries of the deceased could not be allowed to prevail as the plaintiff resorted to reinstating the defendants' forefathers unable to complete the transaction in the terms of the agreement. The conduct of the parties to the notice revealed that the plaintiff was anxious to complete the matter but the respondents refrained from paying part of their contract to frustrate the contract due to the increase in the value of the real estate and Neglected. The terms and conditions of the contract and the facts and circumstances of the case can be compiled from the 1970s, allowing the specific performance of a contract for sale of a real estate contract even after the expiration of the contract period. Can be given. Claims for specific performance do not defeat the claim unless Article 113 of the Limitation Act 1908 is prohibited.

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