Law: Specific Relief Act, 1877

Section: 12

Law: Limitation Act, 1908

Section: 113

Specific Relief Act (I of 1877)--- ----S. 12---Limitation Act (IX of 1908), Art. 113---Suit for specific performance of agreement to sell---Limitation---No time fixed by the parties for performance of contract---Commencement of limitation---Procedure---Contention of plaintiff was that no date or time was fixed by the parties for performance of contract---Suit was decreed concurrently---Validity---If time or a date for performance of contract was fixed in the contract itself then limitation for a suit for its specific performance would start from such date irrespective of refusal of performance by the defendant and whether plaintiff had notice of such refusal or not---If no such date was fixed then limitation would start from the date when performance of contract was refused by the defendant or from the date when plaintiff had notice of such refusal---If no date or time for performance of a contract was fixed then there would be no question of time being essence of contract---Present suit ought to have been instituted by the plaintiff within three years from the date of refusal by the defendant or from the date of notice of such refusal---Starting point of limitation in the present case was the date of refusal by the defendant or the date on which plaintiff had first notice of such refusal---Such starting point of limitation could be ascertained only by the pleadings and evidence of the parties---Plaintiff had not disclosed any such date in his plaint and evidence---Plaintiff in his evidence had stated that he approached the defendant after three/four months of execution of sale agreement for registration of document by offering balance amount to him---Plaintiff was aware for the first time after three/four months of execution of sale agreement that defendant had refused to perform his part of contract---Starting point of limitation in the present case was January, 2005---Present suit was to be instituted by the plaintiff latest by January, 2008---Payment of alleged balance consideration by the plaintiff on 08-09-2008 was inconsequential as limitation for filing the present suit had already expired in January, 2008---Suit instituted by the plaintiff was barred…

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