Agreement to sell -- Specific performance - Limitation - Telegram followed by a letter by defendant to plaintiff that agreement to sell has come to an end and that earnest money is forfeited - On receipt of such letter, limitation starts to run - Suit filed by plaintiff is beyond time prescribed i.e. three years. (Limitation Act, 1963, Art.54)...........
Limitation Act, 1963, Section 17 -- Limitation - Suit for recovery of earnest money - Period of limitation starts from date of refusal of execution of agreement, as defined under the agreement or from date of knowledge of fraud, if any, found committed in the alleged agreement...........
Limitation Act, 1963, Section 17 -- Limitation - Suit for recovery of earnest money - Agreement to sell - Plaintiff pleaded fraud in execution of agreement to sell and he has succeeded in proving the same by showing that shops in question were already sold by defendant - Since plaintiff filed the suit within period of three years from date fixed for execution of sale deed,..........
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..........
Indian Penal Code, 1860, Section 420, 406, 120B, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Neither sale deed executed nor earnest money refunded - Limitation to file civil suit expired - Complaint filed after three years of alleged agreement to sell and two years and eight months of the last date fixed for registration of sale deed - Held, where..........
Limitation Act, 1963, Article 54 -- Suit for Specific Performance - Cause of action for filling suit - Agreement entered and earnest money paid on 28.4.1977 - Mortgage deed to be registered on 1.5.1978 - Cause of action for filling suit arose on 1.5.1978 - Suit filed within 3 years - Suit not barred by limitation...........
Limitation Act, 1963, Article 113 -- Agreement to sell - Return of earnest money - Suit for - Limitation - Plaintiff rescinding contract - Defendant refusing to return earnest money - Cause of action accrued when intention of defendant to return earnest money was communicated to plaintiff - Suit filed within three years of reaching such communication to plaintiff - Suit is..........
Consumer Protection Act, 1986, Section 24,A(1),24A(2) -- Limitation - Complaint instituted in August claiming interest on refund of earnest money refunded on 19.1.1997 - Plea that he submitted representation on 9.1.1999 which revived cause of action and he is having continuing cause of action repelled - Appellant did not move any application before the District Forum..........
Agreement to sell -- Suit for specific performance - Limitation - Limitation for specific performance is governed by Art.54 whereas for getting relief of refund of earnest money Art.113 of Limitation Act applies. (Limitation Act, 1963, Arts.54, 113)...........
Agreement to sell -- Suit for recovery of earnest money - No period of limitation is prescribed for recovery of earnest money and it would be covered by residuary Art.113 Limitation Act - The starting point of limitation thereunder is when the right to sue accrues. (Limitation Act, 1963, Art.113)...........
