Law: Limitation Act, 1908

Section: Art. 113

Limitation Act (IX of 1908)------   ------ Art. 113-Agreement to recon vey property sold, on tender of consideration money-No period fixed for tender and reconveyance-Suit for specific performance of contract to reconvey-Provisions of Art." 113 applicable-Tender within reasonable time-Three years held, reasonable.   Abdul. Khadir and another v. Nagasarupu and another 17 I C 399 ; Kalappa Kamthi and another v. Kachur Sakha Ram Rao and another 29 I C 898 and Laxman Madhavrao Jahagirdar v. Bhagvansingh Narsinghbau Navalukar 60 I C 581 ref.   Fisher and Lightwood's law of Mortgage, Part 11, p. 12. ref.   JUDGMENT   This is an appeal by the plaintiff against the judgment of Subordinate Judge, 1st Court, Faridpur in Title Appeal No. 30 of 1958. The suit was decreed by the Munsif and the judgment and decree of the Munsif were reversed by the learned Subordinate Judge.   The plaintiff's case, in short, is this that he on 9-12-1359 B. S. sold the suit land tothe defendants for a consideration of Rs. 400. It was an out-and-out sale. On the same day an agree ment was entered into between the plaintiff and the defendants which is Exhibit I to the effect that the defendants will re-convey the suit land to the plaintiff for the same consideration, i.e., for Rs. 400 when the plaintiff will tender the said consideration money of Rs. 400. There was no time fixed in the said agreement for tender by the plaintiff This agreement was executed on the same day, i.e., 9-12-1359 B. S., but eras registered two days thereafter. The plaintiff in Chaitra 1362 B. S., tendered the consideration money of Rs. 400 to the defendants, but the defendants refused to convey the suit land. The plaintiff there after in Chaitra 1363 B. S., corresponding to 11-4-57 deposited in Court the said consideration money and prayed for re-conveyance of the suit lands to him by the defendants.   The plaintiff's case was that although there was no time fixed in the agreement fortender and re-conveyance, yet it was agreed that the tender could be made within 5 years from the date of execution of the sale deed.   The defendants 1 and 3 appeared to contest the…