Lahore High Court Rejects Claim In 39-Year-Old Land Case
Mian Nadeem | September 11, 2026
A legal notice sent in 1997 could not create a fresh cause of action, and once the limitation period begins, no subsequent event can restart it, ruled the Lahore High Court.
Background
The court issued its ruling on a 39-year-old land dispute, dismissing a claim for specific performance of a 1987 land agreement:
- The petitioners had agreed to sell 199 kanals and 9 marlas of land in July 1987 for Rs1 million, paying Rs100,000 as earnest money.
- They claimed that the remaining amount was to be paid and the sale deed registered, but the opposing party failed to fulfill the agreement.
Court’s Decision
The court observed:
- The agreement stipulated a three-month period for completion but did not specify a particular date.
- Therefore, under Article 113 of the Limitation Act, the limitation period began when the petitioners learned that the agreement had been repudiated.
- A witness for the petitioners stated that drafts of three sale deeds were given to Malik Muhammad Ashraf on September 15, 1987, but he refused to sign them that day, marking a clear repudiation of the agreement.
Key Findings:
- The three-year limitation period began on September 15, 1987, and expired on September 15, 1990.
- The petitioners filed their specific performance suit in December 1997, more than seven years after the prescribed period had ended.
- A legal notice sent in November 1997 could not create a fresh cause of action as once the limitation period starts, no subsequent event can restart it.
- The court also noted that the petitioners’ prolonged silence was not satisfactorily explained.
Therefore, the Lahore High Court upheld the lower courts’ decisions to dismiss the suit due to time bar and lack of merit.
