2024 M L D 1810
MUHAMMAD AFZAL versus ABDUL HAMEED
Civil Revision No. 66888 of 2021
Suit for specifte performance of contract-Limitation-
Existing right not extinguished by any period of limitation--Transferee filed a suit for specifle performance against the transferor claiming that subject property wat sold and possession was delivered to him for a certain sale consideration, which was paid entirely-Transferor denied execution of the sale deed-Plea of transferor was that the suit was barred by time -Halidiy-Though for filing of suit for specific performance of a contract, the prescribed period of limitation was three years but as the transferee had instituted the suit on the basis of Iqrarnama, which was coupled with transfer of possession after payment of entire sale consideration, the impediment and hurdle of limitation would not come in their way, because where a plaintiff continues to enjoy a right then the statute of limitation cannot take away such a right as the law of limitation is not meant to take away an existing right and it only bars remedy to gain one's lost right-Right created under S.53-A of the Transfer of Property Act, 1882, is an existing right and is not vanished by any length of time-There cannot be any expiry date for enjoyment of a right conferred upon a transferee in possession under S.53-A of the Act ibid-Authenticity and veracity of Iqrarnama had fully been proved by the transferees, whereas the deposition of attorney of the transferors, was based on hearsay as he was not present at the relevant time, so non-appearance of the transferors in the witness box and making deposition on oath also went against them---
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