Agreement to sell -- Suit for specific performance - Limitation - Sale deed was to be executed within six months of execution of agreement - Suit filed after seven years of execution of agreement - "Date fixed for the performance" in Art.54 Limitation Act means there is a definite date fixed for doing a particular act - There is no question of finding out the intention..........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - No date was fixed for completing transaction as per receipt-cum-agreement - First part of Art.54 of the Act will not apply - In letter dated 21.11.2000 deceased seller specifically stated that sale was to be completed by 9.9.2000 but same was breached because plaintiff failed to comply with..........
Agreement to sell -- Suit for specific performance - Limitation - Suit instituted within three years from the execution of agreement to sell - Cause of action arose after one year of lapse of period agreed between parties - Suit was thus, not time barred even from the date of agreement in question...........
Agreement to sell -- Suit for specific performance - Time essence of contract - It is mentioned in the agreement that when plaintiff asks defendant then defendant would receive Rs.1 lac as balance consideration and execute the sale deed - These words clearly indicate the intention of parties were not to limit the contract for sale within any period of limitation - Time..........
Agreement to sell -- Specific performance - Relief of - Suit filed a day before expiry of limitation - Discretion to grant relief cannot be refused to be exercised in view of the fact that reply of defendant is not only vague but evasive as readiness and willingness has not been denied. (Specific Relief Act, 1963, S.20)...........
Limitation Act, 1963, Section 5, 14 -- Condonation of delay - Delay of more than five months in filing appeal - Suit for specific performance - Period spent bonafidely in execution proceedings after decreeing the suit is liable to be excluded by relying upon provision of S.14 of the Act - However, period prior to initiation of abortive proceedings remains unexplained -..........
Agreement to sell -- Suit for specific performance - Limitation - Cause of action first time arose in 1975 when defendant refused to execute sale deed - Suit for specific performance to be filed within three years from such cause of action as per Art.54 of the Act - However, neither such suit was filed by plaintiff nor any sufficient explanation was given by plaintiff for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought to seek relief of specific performance and mandatory injunction - Trial of suit not commenced, as issues not yet framed - By incorporating relief of specific performance no new case is introduced, as suit instituted is based on contractual obligations of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Suit for specific performance - Legal notice issued by seller calling upon plaintiff to make balance payment within 7 days of receipt of legal notice with stipulation that if plaintiff failed to do so then seller would cancel the agreement and forfeit the earnest money - On expiry of..........
Agreement to sell -- Specific performance - Agreement uncertain as it does not specify sale consideration or the mode and manner of determining sale consideration - Moreover, it is inconceivable that landlord while agreeing to sell his flat to tenant would agree that rent paid till the completion of sale would be adjusted in the price - Agreement executed in the year 1992..........
