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..........
Specific Relief Act, 1963, Section 54, Limitation Act, 1963, Section 21 -- Substitution or addition of new defendant - Suit for specific performance - Transferee to whom subject matter of sale agreement or part thereof is transferred is a necessary party to suit for specific performance - However, by the time vendee filed an application to implead transferee, suit for..........
Specific Relief Act, 1963, Section 28, Limitation Act, 1963, Article 54 -- Specific performance - Limitation - For depositing balance sale consideration - Period of 3 years has to be taken as reasonable time, within which a DH in a suit for specific performance could deposit balance sale consideration, particularly when decree sought to be executed did not stipulate any..........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with an option to repurchase - Plaintiffs mortgage their 2-1/2 acres of agricultural lands for credit purchase of daily necessities - Financial stringency of plaintiffs is apparent from their failure to repay anything even after execution of installment bond - Debtor creditor..........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Supplemental agreement executed between parties that defendants will execute agreement of sale soon after original vendor returns home and in case he did not return, within 7 years from date of his missing - Seven years period under agreement expired on 18.12.2009 - Thereafter notice was..........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Date fixed for performance of contract - Plaintiffs were given right to get sale deed executed through Court in case failure on part of defendants to execute sale deed on fixed date - They filed suit 12 years after date fixed for performance - Silence maintained by plaintiffs for about 12..........
Transfer of Property Act, 1882, Section 54 -- Sale - Payment of part of consideration would be sufficient to constitute a complete sale - If any balance sale consideration is due, remedy is to sue for getting back balance sale consideration within period of limitation - Contention that only part of sale consideration is paid, there is thus, no valid consideration for..........
Limitation Act, 1963, Article 59, Transfer of Property Act, 1882, Section 54 -- Suit for cancellation of registered sale deed - Limitation for cancellation of registered sale deed is 3 years from the date it was executed - Sale deed was executed in 1990 - Plaintiff having stepped into shoes of Executant had knowledge of same - More so, executant had herself filed a suit..........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Six months time prescribed for performance of sale, as defendants themselves issuing a telegraphic notice calling upon plaintiffs to perform their part of contract - Defendants have not honoured the same by executing sale deed in favour of plaintiff - Suit filed within 3 years of period of..........
Limitation Act, 1963, Article 54 -- Limitation - Specific performance - Agreement executed in 1974 - However, specific performance of agreement sought in 1985 - Relief sought beyond period of 3 years from date of notice of repudiation, held, barred by limitation...........
