Agreement to sell -- Specific performance - Limitation - Notice of refusal - Execution of registered sale deed in favour of third party and delivery of possession - Amounts to constructive notice of refusal to perform - Therefore, there is no merit in the contention that plaintiff got notice of refusal only when an oral demand was raised. (Transfer of Property Act, 1882,..........
Agreement to sell -- Specific performance - Limitation - Second limb of Art.54 Limitation Act - Second limb of Article 54 of Limitation Act should not be interpreted so as to prolong contract to an uncertain period, unless there is sufficient ground for it and it should be made mentioned in the contract for sale or capable of discernment from attending circumstances..........
Limitation Act, 1963, Article 136 -- Execution - Limitation - Execution of decree for getting possession of property in a decree for specific performance - Limitation starts to run from the date of execution of sale deed and not from the date of decree...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a third party - Suit for declaration that sale deed is null and void - Applicant sought his impleadment on the basis of agreement to sell - However, he has not got any direct or legal interest involved in controversy in suit and that too when suit for specific performance or suit for declaration of a sale..........
Consumer Protection Act, 1986, Section 12, 2(e), 24A -- Agreement to sell - Specific performance - Limitation - Cause of action - Limitation to file consumer complaint accrues when vendor failed to execute Deed of Conveyance despite receiving notice from the vendee - Cause of action thus accrued for the purpose of complaint only after the expiry of period of notice...........
Specific performance -- Mere representation does not extend the period of limitation - Aggrieved person has to approach Court expeditiously and within reasonable time...........
Specific performance -- Writ petition under Article 226 of the Constitution is not maintainable and/or entertainable for specific performance of the contract and that too after a period of 10 years by which time even the suit for specific performance was barred by limitation...........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Where no period, time or date for execution and registration of sale deed is stipulated by parties while executing agreement to sell, limitation would begin to run only if plaintiff has a notice of fact that performance has been refused as per second part of Art.54 of the Act...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to incorporate relief of cancellation of sale deeds executed by defendants and declaring them as null and void - However, plaintiff has knowledge with regard to execution and registration of said sale deeds at the time of filing of suit - After expiry of..........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Period of 15 months was fixed after paying substantial sale consideration for completing contract dated 30.1.2014 - However, there is no express terms of contract or impliedly intention of parties to indicate that time of 15 months is essence of contract - Plaintiff was always ready and..........