Limitation for specific performance
kamal
(Querist) 12 May 2012
This query is : Resolved
agreement to buy dt 05-05-2008.registry date 31-08-2008. registry not got executed and payment not made to seller by stipulated date. for some reasons supreme court put stay on 8april 2010 the area in which subject property was located. stay is still in operation. now to determine period of limitation of 3yrs for specific performance period of stay will be added to 3yrs which is usual
ashutosh mishra
(Expert) 12 May 2012
Repeated one.
However it is not so that period of stay shall be added in three years rather it would be excluded from those three years.
kamal
(Querist) 12 May 2012
mishraji i couldnot understand your version pl explain in simple words
Shonee Kapoor
(Expert) 12 May 2012
What was the stay all about?
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Suhail A.Siddiqui
(Expert) 12 May 2012
Become party at Supreme Court and try to vacate stay the you may ask for registration
ashutosh mishra
(Expert) 13 May 2012
Kamal ji !
Limitation started to run W.E.F.01/09/2008 and run up to 07/04/2010,hence till then 01 year 07 months 07 days already expired before stay imposed on 08/04/2010,hence rest period of 01 year 04 months and 23 days left to be counted from the date stay is vacated.
But i have a doubt also that if 03 years expired on 01/09/2011,the suit needs to be filled just next day the stay is vacated.
And mind ,the stay must be of a nature that suspends directly the cause of action you have.
