PLD 2023 Lahore 157
Specific Relief Act ( I of 1877 ) --- 181 --- Civil ---- S . 12 --- Limitation Act ( IX of 1908 ) , Art . Procedure Code ( V of 1908 ) , Ss . 48 & 115 --- Suit for specific performance of agreement to sell --- Execution of decree --- Limitation --- Possession with decree - holder --- Petitioner / judgment debtor was aggrieved of order passed by Lower Appellate Court declaring Execution petition filed by respondent / decree - holder to be within limitation --- Validity --- Suit for specific performance I was always suit for possession and as possession was already with respondent / decree - holder , therefore , she did not require to file execution petition for possession of decretal land --- Performance of second part was upon petitioner / judgment debtor and respondent / decree - holder could file execution petition on her refusal for execution of remaining part of order decree --- Lower Appellate Court rightly set - aside passed by Executing Court --- High Court in exercise of revisional jurisdiction declined to interfere in judgment passed by Lower Appellate Court as petitioner / judgment - debtor failed to point out any illegality or irregularity in judgment of Lower Appellate Court ---
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