Possessory agreement of sale limitation period
GANGAM.RAJENDER.
(Querist) 15 February 2014
This query is : Resolved
dear experts,
we are purchased the land in the year 2004 with agreement Of "possessory agreement of sale" which was executed by the land owners which is ancestral propery.we are paid (PART PAYMENT)21 lakhs rupees out of 22 lakhs for sale consideration and we are ready to pay remaining sale consideration one lakhs as they are not accepting the amount.
Q1.can we have any right to file specific performance suit after long time to register the said land in favour of us and receive remaining sale consideration one lakh in the court.
Q2.AFTER LONG TIME WE HAVE ANY RIGHT TO FILE THE SUIT AND ANY LIMITATION PERIOD IS THERE .WE ARE IN THE LIMITATION PERIOD OR NOT?
q3.limitation act ,art 113 is applicable for my case if any limitation citations pls provide sir.
q3.transfer of property act section 53a is useful in this case sir,if any case laws pls provide sir.
thank you sir.
Vijyant Nigam (09807349001)
(Expert) 15 February 2014
After such a long time the value of property would have increased 3 to 4 times. Put yourself at the place of the seller n think again.
If Seller is agree to return ur money with interest then u shud take money. If he is not agree then u shud go for specific performance for sale deed.
Vijyant Nigam (09807349001)
(Expert) 16 February 2014
After such a long time the value of property would have increased 3 to 4 times. Put yourself at the place of the seller n think again.
If Seller is agree to return ur money with interest then u shud take money. If he is not agree then u shud go for specific performance for sale deed.
GANGAM.RAJENDER.
(Querist) 16 February 2014
thank you vijyant nigam sir pls experts provide limitation period for specific performance .and pls reply above mentioned questions sir. thank you sir.
ajay sethi
(Expert) 16 February 2014
Art 54 ;- Three years- from -the date fixed for the performance , or if no such date is fixed ,When the plaintiff has noticed that performance is refused
ajay sethi
(Expert) 16 February 2014
K.Shanmugam vs 7 M.Murugesan on 10 September, 2013
the first part of the observation made by the trial Court that limitation for filing a suit for specific performance shall be three years from the date of expiry of the period fixed in the agreement for performance shall be correct. Article 54 of the Limitation Act says that the limitation for filing a suit for specific performance shall be three years and that the limitation shall start running from the date of expiry of the time, if any, stipulated in the agreement and if no time is prescribed, from the date on which the plaintiff gets notice that the performance is refused. From the same, it is obvious that if any specific date is fixed as the date on or before which the sale transaction should be completed, then limitation for filing the suit for specific performance shall be three years from such date. If there
relevance for the purpose of calculating the period of limitation. It shall be relevant for granting or refusing the relief of specific performance and the same has no relevance to the question of limitation, since Article 54 of the Limitation Act makes it unambiguous that a suit for specific performance has to be filed within 3 years from the date fixed in the agreement for performance or in case no date is fixed, then three years from the date on which plaintiff has notice that performance is refused.
GANGAM.RAJENDER.
(Querist) 16 February 2014
thank you ajay sethi sir,
we are not mentioned the date in the agreement also not given any notice to land owners .more we are mentioned in the agreement that there is no time limit for "registration and for part payment of money ".when ever the plaintiffs were asked they will ready to perform the registration of sale deed".
there is no conditions were written sir,
Q1.WHETHER THE SUIT WILL BE ADMITTED OR NOT?IF NOT ADMITTED WHAT STEPS WE HAVE TO BE TAKEN.
Q2.IF THE SUIT REFUSED IN THE HON'BLE COURT WHAT STEPS WE HAVE TO BE TAKEN.
Raj Kumar Makkad
(Expert) 16 February 2014
The suit shall definitely be admitted and if not admitted, do file an appeal before appellate court of District Judge.
GANGAM.RAJENDER.
(Querist) 17 February 2014
thank you raj kumar makkad sir,
WHAT IS THE DIFFERENCE BETWEEN ORDER VII RULE 10 (RETURN OF PLAINT)AND ORDER VII RULE 11 OF CIVIL PROCEDURE CODE.
Q1.NOT ADMITTED THE SUIT MEANS WETHER IT COMES UNDER RULE 10 OR RULE 11 SIR.
IF ANY RELATED CITATIONS PLS PROVIDE SIR
Guest
(Expert) 17 February 2014
Whether the time limit is mentioned in the agreement or not the period of such agreement validity could be only 3 years.More over it is only unregistered agreement.Apply for EC from the period of agreement and confirm the real status of property as of now.You could seek refund with interest amicably.Agree with Expert Mr.Viyant Nigam
Guest
(Expert) 17 February 2014
Whether the time limit is mentioned in the agreement or not the period of such agreement validity could be only 3 years.More over it is only unregistered agreement.Apply for EC from the period of agreement and confirm the real status of property as of now.You could seek refund with interest amicably.Agree with Expert Mr.Viyant Nigam
Guest
(Expert) 17 February 2014
Whether the time limit is mentioned in the agreement or not the period of such agreement validity could be only 3 years.More over it is only unregistered agreement.Apply for EC from the period of agreement and confirm the real status of property as of now.You could seek refund with interest amicably.Agree with Expert Mr.Viyant Nigam
Guest
(Expert) 17 February 2014
Please Excuse Me it is due to server problem
GANGAM.RAJENDER.
(Querist) 17 February 2014
thank you expert N.J.S. RAJKUMAR sir,
according to ajay sethi expert, in the citation K.SHANMUGAM VS 7 M.MURUGESAN ON 10 SEP ,2013.PARA 15 AND 17 DESCRIBED AS FOLLOWS:"article 54 of the limitation act makes it unambiguous that a suit for specific performance has to be filed within 3 years from the date fixed in the agreement for performance or in case no date is fixed,then three years from the date on which plaintiff has notice that performance is refused."
17.in case a time has been prescribed in the agreement,irrespective of the fact whether there was any refusal or not (in the absence of an agreement or endorsement extending time), the non-completion of the transaction by the end of that period shall be presumed to be a refusal and hence the section it self prescribes the date of expiry of the time stipulated in the agreement as the starting point of limitation for filing the suit for specific performance.in both the cases, the LIMITATION SHALL BE THREE YEARS AND THE STARTING POINT OF LIMITATIOM ALOME DIFFERS.
Q1.ACCORDING TO ABOVE CITATION THE STARTING POINT OF LIMITATION IS WHEN THE SUIT IS FILING ON THE COURT IS LIMITING POINT THEN THE COURT ASSUMES THAT THE AGREEMENT HAS BEEN REFUSED ON THE FILING DATE.IS IT CORRECT OR NOT PLS EXPLAIN SIR.
Q2.HERE NO NOTICES HAS BEEN GIVEN AND NOT MENTIONED THE STIPULATED TIME IN THE AGREEMENT.SO WHEN THE LIMITATION PERIOD STARTS FROM SIR.
THANK YOU SIR.
adv. rajeev ( rajoo )
(Expert) 17 February 2014
It will time barred if your filed the suit. It is already 10 years passed away.
Guest
(Expert) 17 February 2014
Agree with above Expert
GANGAM.RAJENDER.
(Querist) 21 February 2014
thank you adv.rajeev and rajkumar expert sirs,
the suit has been rejected by the superintendent not by the court officer(judge)as not mentioned the cause of action for when the agreement of sale has broken.IN THE AGREEMENT NOT MENTIONED ANY STIPULATED TIME FOR EXECUTION OF SALE DEED.
Q1.at this stage can we give notices to the defendants as the judge has not rejected the suit under order vii rule 11.
Q2.ARTICLE 54 OF LIMITATION ACT SAYS IF NOT TIME SPECIFIED IN THE AGREEMENT AS THE PLAINTIFF MUST SEND THE NOTICES TO THE DEFENDANTS FOR EVIDENCE OF REFUSAL OF AGREEMENT .AT THIS STAGE IF WE SEND THE ISSUING NOTICES TO DEFENDANT IS VALID OR NOT VALID.
