Money recovery limitation

Sashi Kumar (Querist) 15 May 2015 This query is : Resolved
What is the time limitation for filing a Money Recovery suit by the buyer.

Unregistered Sale Agreement signed & Bayana Paid on - June 10 2012

1st payment due date - Aug 10 2012 - (Buyer did Not make payment)

Execution of Sale deed Registration & Final Payment due on - Oct 10 2012- (buyer did Not make final payment also)

Contract was cancelled, deposit was forfeited by seller due to non performance in Dec 2012.

My Question: By what date can the buyer file money recovery law suit?

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Jeetender Gupta (Expert) 15 May 2015
Specific performance of contract to be sought within 3 years of its breach. As such breach was initiated on 10 Aug 2012. However to play safe file before 10 June 2015.

Sudhir Kumar, Advocate (Expert) 15 May 2015
It is telegraphic language.

The suit can be filed within three years (or within such period beyond that date if the delay can be explained to the satisfaction of court) from when you last refused to return money

P. Venu (Expert) 15 May 2015
The suit could be filed within three years. Delay not condonable in a civil suit.

Rajendra K Goyal (Expert) 15 May 2015
Agree with the experts.

Advocate Bhartesh goyal (Expert) 15 May 2015
Suit could be filed within three years from the date of execution of agreement.condonation of delay applies in only appeals and applications and not in civil suit.

R.K Nanda (Expert) 15 May 2015
3 years from agreement date.

Sudhir Kumar, Advocate (Expert) 15 May 2015
3 years from the date of refusal to return.

T. Kalaiselvan, Advocate (Expert) 17 May 2015
If you have not initiated any process seeking refund of advance amount paid towards sale consideration, you sould count the date from the original date of agreement for computing three years period or from the date of refusal if you had sent legal notice demanding the said advance amount.

malipeddi jaggarao (Expert) 19 May 2015
Original date of agreement - 3 years. As the buyer did not execute any document acknowledging the debt.

Biswanath Roy (Expert) 19 May 2015
Its a simple affectation of ignorance. When you slept over the matter so long sleep for another few years

Guest (Expert) 19 May 2015
Do you have any concern with the isuse? From two different descriptions, "buyer did Not make final payment also," and "Contract was cancelled, deposit was forfeited by seller due to non performance in Dec 2012" IT CAN WELL BE CONSTRUED THAT NEITHER YOU ARE A BUYR NOR A SELLER.

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