Limitation Act, 1963, Section 14 -- Condonation of delay - Suit for specific performance - Earlier suit for possession was permitted to be withdrawn by Supreme Court and simultaneously permission granted to file suit for specific performance - Jurisdiction of Court was never in doubt or under challenge - It was conscious option of plaintiff not to seek relief of specific..........
Agreement to sell -- Specific performance - Time as essence of contract - Recitals in agreement reveals that parties prepared agreement in the form of a family settlement with clear intention that they would be able to transfer ownership of property in question by way of this agreement - Entire sale consideration was paid and possession of property already delivered - Time..........
Agreement to sell -- Specific performance - Relief of specific performance cannot be denied to plaintiff merely on the ground that suit is filed after a period of one year from date of sale deed executed in favour of subsequent purchaser by defendant, particularly when suit is filed within limitation prescribed. (Specific Relief Act, 1963, S.20)...........
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...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for specific performance - No time specified for sellers to execute sale deed - Period of limitation of 3 years as per Art.54 of Limitation Act, thus, start from the period when plaintiff noticed that performance is refused - Suit filed within said period of three years would..........
Specific Relief Act, 1963, Section 34, 20 -- Suit for declaration and specific performance - Limitation - Agreement to sell executed in the year 1992 - Cause of action arose to plaintiff in the year 2000 upon execution of sale deed inter se between defendant no.1 and defendant no.2 - Suit of plaintiff filed within 3 years from the year 2000 thus, not barred by limitation,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for specific performance - Suit not filed within 3 years of date of refusal by defendant held barred by limitation - However, plaintiff contended that recovery of possession also sought and in respect of same limitation is of 12 years - Contention rejected, as suit is filed..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Plea of limitation - Neither raised before trial Court nor before first Appellate Court - Said plea being mixed question of law and fact, cannot be examined first time in second appeal by High Court...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Bar of limitation - Suit for specific performance - Existence of real cause of action and bar applies to the facts from proof are matters for adjudication - However, in such case, rather than deciding rejection of plaint, it is to invoke O.14.Rr.1, 2 CPC to sub-serve the ends of justice and requires..........
Agreement to sell -- Specific performance - Limitation - Three years - Limitation commences from the date fixed for the performance and in case no such date is fixed then, in that case, when plaintiff has notice that performance is refused. (Limitation Act, 1963, Art.54)...........
