Law: Specific Relief Act, 1877

Section: 12,42

Law: Transfer of Property Act, 1882

Section: 54

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.7

Law: Limitation Act, 1908

Section: 113

Specific Relief Act (I of 1877)--- ----Ss.12 & 42---Limitation Act (IX of 1908), Art. 113---Transfer of Property Act (IV of 1882), S. 54---Civil Procedure Code (V of 1908), O. VII, R. 7---Suit for declaration on the basis of agreement to sell---Limitation---Commencement of---Sale of immovable property---Grant of relief for specific performance---Scope---Contention of plaintiffs was that they had purchased the suit land through an agreement to sell---Validity---Execution of agreement to sell had been proved by the plaintiffs---Suit property was in the possession of plaintiffs on the basis of agreement to sell---Court was required to decide the case on the basis of pleadings of the parties and material brought on record---Limitation would start from the date when execution of deed was refused and not from the date of execution of agreement to sell---Plaintiffs in their suit had mentioned that the defendants had refused to accept their claim a week ago---Said version had not been refuted by the defendants by producing any evidence---Suit property remained continuously in possession of plaintiffs---Oral evidence could not be given preference over documentary evidence---Findings recorded by the Courts below were erroneous and against the record---Contract of sale of immovable property itself did not create any interest or right in the said property---Said contract could determine and settle the terms between the parties to such sale---Parties, in the present case, had settled the price of land, delivery of possession and execution of sale deed---Parties had performed the terms agreed with regard to payment of price and delivery of possession and execution of sale deed was to be carried out---Plaintiff might claim reliefs as many as possible, however, court had to grant such relief which was proved and admissible under the law---Where facts were fully stated, mere absence of any specific words of specific relief could not be made basis for refusing the relief---Execution of agreement to sell and delivery of possession had been proved in the present case---Only act required to be performed for completion of sale of suit property was registration of sale…

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