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bipin kumar singh (IFS)     03 November 2011

Limitation act

my brother  entered into a agreement to purchase aland  for rs.70 lakhs paying 5 lakh as apart consideration and executed a registered agreement of sale with vendor in year oct 2005. in  the sale agreement it was stipulated that  the sale deed will be executed within one year after receiving remaining consideration. After  expiry of one year the agreement will come to an end .the vendor did not receive the remaining consideration  and execute the sale deed  within a year on some or the other pretext. within the three years  i.e.in the year 2008, my brother filed a suit for mandatory injuction to direct the vendor to execute the sale deed after receiving the remaining consideration. in year 2011, my brother made amend ment application to substitue the releif of specific performance of the contract for  the releif of mandatory in juction. court  allowed the amendment  application . the vendor went in revision before the high court against the  said  amendment . Kindly advice  the csae law supporting the said amend ment ordered by the trial court.

2-Kindly also advice the case law that agreement of sale will not come to to an end after expiry of one year in spite of stipulation in the agreement  that it will come to an end after one year.



Learning

 4 Replies

sridhar pasumarthy (ADVOCATE)     03 November 2011

Dear Singh,

Limitation for filing a suit for specific performance of agreement of sale is three years from the date of refusal, when time for performance is stipulated in the agreement  as per Article 54 of Limitation Act.  When the provision is clear, whey do you go for citations.

 

 

kvss.prabhakar rao (Advocate )     04 November 2011

As stated Mr. Sridahrar in suit speciifc performance of agreement of sale the time though specified in agreement the limitation starts from the date of refusal. As seen from your case time limt fixed is one year. But both parties did not  move their little finger on this aspect becuase,  your brother may give notice to perform the obligation whne time limit is exceeds. In such case the limitaioni runs from demand or refusal but your brother did not made any attempt to deamnd to execute regular sale ded and his readyness and wilingness. Limitation runs from demand and  refusal.


(Guest)

the suit for specific performance to be filed within three years from lapse of period of performance stated in agreement.  if the mandatory injunction filed  the suit is liable to rejected. it is hit by order 2 rule 2 of c.p.c.  you can later amend subject to limitation.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     04 November 2011

Dear Mr. singh

follow the above said opinion.


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