KHARKU AND ORS. Vs. RASIL SINGH AND ORS.

JUDGEMENT

(1.) THIS is an appeal against a judgment and decree of the High Court dated Poh 4, 2002, by which it affirmed a judgment and decree dated Sawan 22,2002 of the District Judge, Mirpur, whereby the judgment and decree dated Chet 7, 2001 of the Munsiff of Bhimber was affirmed .

(2.) ON Baisakh 9,1990, the respondent No. 1, agreed to convey 27 Kanals 10 Marias of land situated in village Mathral to the appellants and to respondent No. 2, on payment of a sum of Rs. 950/ - and to put them in possession of the same. This land at one time was the tenancy holding of Sarban -an uncle of the appellants & of the respondent No. 2, who in or about the year 1983 made an oral sale of it to the respondent No. 1, which was given effect to by a mutation order dated Maghar 16, 1983. The appellants had challenged this Mutation Order and in the course of litigation which ensued the above agreement was arrived at which was also recorded in an order of the Revenue Court of the same date.

(3.) ON Magh 16,2000, the appellants instituted the suit out of which this appeal has arisen to enforce the above contract dated baisakh 9,1990 and this suit has been dismissed unanimously by all the courts below on the grounds that it is barred by Article 84, Limitation Act, 1995 and by Section 22, Clause (2), Specific Relief Act, 1877.