ORDER

1. Special leave granted.

2. This is an appeal against the judgment of the High Court of Karnataka dated 28-11-1997 passed in Regular Second Appeal No. 936 of 1990. By that judgment the learned Single Judge of the Karnataka High Court set aside the judgments of the trial court and the first appellate court and decreed the suit for specific performance.

3. It is not necessary to go into the previous litigation between the parties but it is sufficient to state that there was compromise between the parties on 8-3-1977 which is sought to be specifically enforced in the present suit filed by the respondent-plaintiff. The compromise contained an agreement for sale of some property by the appellant-defendant to the respondent-plaintiff. The suit was filed by the respondent on 13-7-1981.

4. It was agreed in the trial court that the issue relating to limitation be tried as a preliminary issue. The said Court held that the suit was barred by limitation inasmuch as the vendor refused to execute the deed as per his notice dated 17-6-1977. Counting three years from that date, the suit ought to have been filed on or before 17-6-1980 but it was filed on 13-7-1981. The suit was therefore hel