The period of limitation for specific performance of a contract is three years from the date fixed for the performance, or, if no such date is fixed, when the plaintiff has noticed that performance is refused (Art. 54 of the Limitation Act).

Y. V. ANJANEYULU, J.

( 1 ) DEFENDANT in O. S. No. 703 of 1981 on the file of the III Assistant Judge, City Civil Court, Hyderabad, is the appellant herein. The respondent plaintiff filed the suit bearing O. S. No. 703 of 1981 for specific performance of the agreement entered into between the appellant and the respondent on 30-9-65 and for permanent injunction restraining the appellant and his men from interfering in any manner with one acre, out of the 13 acres of the plaint schedule land, which was the subject-matter of the agreement for sale by the appellant to the respondent, under the above referred agreement. The trial Court decreed the suit filed by the respondent and directed the appellant to execute a regular deed of conveyance in favour of the respondent in respect of one acre out of the 13 acres of the plaint schedule property, as per the said agreement dt. 30-9-65 within two months and also directed division of the plaint schedule land and delivery of one acre out of the 13 acres to the respondent. In other words, the respondent s prayer for directing the specific performance of the agreement dt. 30-9-65 was allowed by the trial Court. The appellant filed an appeal, A. S. No. 302 of 1982, in the Court of the Chief Judge, City Civil Court, Hyderabad, challenging the decision of the trial Court. The first appellate Court confirmed the judgment and decree of the trial Court and dismissed the appeal.

( 2 ) IT is necessary to state the relevant facts: An agreement (Ex. A-1) was entered into between the appellant and the respondent on 30-9-65, according to which, the appellant agreed to sell to the respondent one acre out of the 13 acres of land in S. No. 194/8 in Begumpet, Secunderabad. The appellant purchased the 13 acres of land under a registered sale deed dt. 3-9-1965. Out of these 13 acres of land, one acre was agreed to be sold by the appellant to the respondent for consideration of Rs. 500/ -. Cl. 1 of the agreement is relevant and it is quoted below :"the 2nd among us (respondent hereinsic) will select 1 acre on one side of 13 acres plot described in the schedule within six months from this date and 2nd among us will get the same measured and partitioned immediately after the selection by the 2nd among us and the 2nd among us shall be put in physical possession of the same. "it may be mentioned that the entire extent of 13 acres of open land was one single plot and it was, therefore, provided in the agreement that the respondent shall select one acre on one side of the 13 acres plot within a period of six months from the date of the agreement and, after such selection by the respondent, the one acre shall be partitioned and the respondent shall be put in physical possession of the same and a proper deed of conveyance, executed by the appellant, in favour of the respondent. There is no information as to what happened subsequently. There appeared to be a complete lull. On 7-7-1975, the appellant wrote a letter to i the respondent, which inter alia contained a reference to the Begumpet land, covered by the agreement. The appellant referred to the possibility of a law soon, taking effect putting a ceiling on holdings of urban land. The appellant mentioned that, before the law is enacted, ways and means must be found to dispose of the land. The appellant also mentioned that he needed Rs. 5,000/-immediately "to sit at Hyderabad and get things done". It was also mentioned in the letter that, on account of the ceiling on the holdings of agricultural lands, the appellant was unable to get any money and requested the respondent to come to his rescue. Ultimately, the appellant required the respondent to remit to him as much money, as he could before the 13th July, 1975. There was apparently no response to this letter from the respondent. There was another letter dt. 1-9-75, addressed by the appellant to the respondent, wherein it was pointed out that the last date for conversion of inam land into patta land was fixed as 26th

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