Limitation
sanjaygarg796@gmail.com
(Querist) 12 April 2010
This query is : Resolved
According to agreement to sell sale deed is to be executed on 31.10.2005 . On 31.10.2005 plaintiff was present before sub registrar but defendant failed to execute the sale deed. the plaintiff lodged FIR against the defendants in which defendants filed bail application. the defndants in that bail application admitted the execution of agreement to sell and payment. the plaintiff again sent a notice to defendants to execute the sale deed but in reply on 3.10.2008 the defendants informed the plaintiff that agrement stand cancled . the plaintiff files suit for specific performance on 31.10.2008. whether the suit of the plaintiff is barred by limitation.
Raj Kumar Makkad
(Expert) 12 April 2010
You have restricted the experts just to opine upto the point of limitation so I shall say that suit is not barred by limitation but if If I am not restricted then I shall say further that there is no merit in the suit of the plaintiff
niranjan
(Expert) 12 April 2010
The suit is within limitation.As the pltff. has shown ready and willingness to perform the contract,simply the date was mentioned could not amount to essence of contract particularly in the circumstances that the deft. did not come forward to execute the sale deed.The deft.cannot take benefit of his own wrong.
