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ABDUL GHANI versus MUHAMMAD SHAFI

Section 12 Transfer Property Act (I82 of I82), Sections 58 and 60 Contract Act (IX of 1872), Section 55 Limitation Act (IX of 1908), Article 113 Contract to sell time limit as the essence of the contract Specific Performance Defendants executed the mortgage proceeding with Plaintiff on 93 9 1967, after pressing on the sale agreement on 30 30 11 1966, which agreed that the sale agreement was in agreement Upon payment of the balance sale price, the suit property will be transferred in the name of the claimant. In the interest of the defendants, the plaintiff's death, the plaintiff sued for the specific performance of the sale agreement, which was decided by the trial court in favor of the plaintiff, but the lower appellate court dismissed the decision. The order passed by the Lower Appellate Court was upheld by the High Court Playa. It was raised by the plaintiff that the mortgage agreement was executed in continuation of the sale agreement and that the time was not the essence of the contract, the one-year contract was finalized in the completion of the sale and the sale was completed. In the absence of any explicit condition in the mortgage process in relation to the extension of time, it will not be automatically extended and even if it is intended to extend the term, the Limitation Act of 1908 The general term provided for filing a lawsuit for the specific performance of the contract provided under Article 113, three years from the date of the contract's enactment and For a legal period of three years, even though the mortgage agreement was considered to have begun from the date of execution or the date of expiry of the contract of sale, it has not yet expired. female advocates from Mandi Faizabad lawyer