Law: Limitation Act, 1908

Section: 15

Law: Transfer of Property Act, 1882

Section: 53-A

(a) Limitation Act (IX of 1908)--- ----S.15---Exclusion of time---Suspended proceedings---Terms "execution" and "institution"---Scope---Term "institution" has reference to suit while "execution" has reference to decree---Exclusion of period of continuance of injunction from computation of prescribed period of limitation as envisaged hi S.15 of Limitation Act, 1908, cannot be confined to stay of execution of decree only; as such the same is equally applicable in cases where suit has been stayed---Period of continuance of stay has to be excluded if suit or a decree is stayed and it is immaterial that stay order was operative between parties to suit or between one of the party and stranger. Syed Ghulam Shah v. Mst. Hawa Bai and 5 others 1984 CLC 190; Sitaram Nanasa and others v. Chunnilalsa Bhachandsa Kalal AIR 1944 Nag. 155 and Krishnachandra Sahani v. Anem Peda Sive Paravatalnma AIR 1953 Orissa 13 ref. (b) Transfer of Property Act (IV of 1882)--- ----S.53-A---Part performance, doctrine of--.-Scope---Doctrine of part performance was developed in equity Court of England---By means of S.53-A of Transfer of Property Act, 1882, the doctrine became applicable to the sub-continent and it has been given statutory recognition---Principle of part performance is based upon golden rules of fairness and righteous dealing between the parties. Sh. Abdur Rashid v. Mubarik Ali and others 1994 CLC 1617; Pucha Lal v. Kunj Behari Lal 18 CWN 445-1913; Mehmmod Musa v. Aghore Kumar Ganguli LR 42 1.A ISC = ILR 42 Calcutta 801; Potler v. Potter 1 Ves Sen 437, 441 (1750); Khagenera Nath Chatterji and others v. Sonatan Guha and others 1.0 Vol. XXXI (195), 987 and Garu and another v. T. Multruramareddi and others AIR 1924 Madras 27 rel. (c) Specific Relief Act (I of 1877)--- ----S.12---Transfer of Property Act (IV of 1882), S.53-A---Limitation Act (IX of 1908), Art. 113---Specific performance of agreement to sell---Limitation---Principle of part performance-Plaintiff, after making part payment obtaining possession of property in question---Trial Court decreed the suit in favour of plaintiff but Lower Appellate' Court dismissed same on the ground of its being barred by…

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