Law: Transfer of Property Act, 1882

Section: 54

Law: Limitation Act, 1908

Section: 113

Law: Civil Procedure Code (V of 1908)

Section: O.VI,VII,R.7,11

Law: Specific Relief Act, 1877

Section: 12

(a) Transfer of Property Act (IV of 1882)--- ----S. 54---Specific Relief Act (I of 1877), S. 12---Limitation Act (IX of 1908), Art. 113---Agreement to sell---Proof---Oral sale agreement was made on 01-07-1999 which was allegedly reduced into writing on 10.3.2001---Such fact did not find mention in the purported sale agreement---Plaintiff had also not acted within a reasonable time, as the date of execution of purported sale agreement was March of year 2001, whereas the suit for specific performance of such agreement was filed much beyond the period of limitation on 9-10-2008, and that too as a counter blast to the rent case filed by the defendant on 14.4.2008---Plaintiff was not able to demonstrate that ever since the date of purported agreement to sell dated 10-3-2001, she made any overt act to keep the alleged agreement alive---Nothing was brought on record to show that she issued any reminder and or notices during the life time of the deceased vendor or thereafter, nor she objected to the mutation and or transfer of the property in favour of the defendants---Appeal filed by plaintiff was dismissed in circumstances. (b) Specific Relief Act (I of 1877)--- ----S. 12---Limitation Act (IX of 1908), Art. 113---Specific performance of agreement to sell immoveable property---Balance sale consideration to be paid to the vendor "very soon"---'Very soon'---Meaning and interpretation---Term 'very soon', ordinarily meant very shortly, in matters of hours or days; it could not be starched to a few months and certainly not years---"Very soon", in ordinary parlance, meant with utmost dispatch, as soon or as early as possibleand as the circumstances would permit and would be convenient and to do what the agreement to sell required the parties to do---Such period could not be stretched to mean an indefinite period or beyond the period of three years from the date if so fixed for the specific performance of the agreement to sell---Period of over eight years, as in the present case, in paying the balance sale consideration could not be termed to be paid to the vendor "very soon"---Appeal was dismissed in circumstances. (c) Specific Relief Act (I of 1877)--- ----S. 12---Specific…

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