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R RAGHUNANDAN RAO
D Shantilal Sangeetha Choudhary – Appellant
Versus
Nagalapuram Munisankar Died – Respondent
JUDGMENT :
R Raghunandan Rao, J.
The appellant is the unsuccessful plaintiff in the suit.
2. The appellant had filed O.S.No.321 of 2006 before the Principal Senior Civil Judge, Tirupati for specific performance of a registered agreement of sale dated 13.06.1984 for purchase of Ac.1.70 cents of land which is described in the scheduled attached to the plaint and referred to as the suit schedule property.
3. The case of the appellant, in this regard is as follows:-
The court upheld that a suit for specific performance was barred by limitation, emphasizing the equitable nature of such relief and the rights of subsequent purchasers.
Agreement to sell – Suit for Specific Performance – Validity of agreement is something different and does not change date of performance – Suit can be dismissed on the ground of limitation alone.
A suit for specific performance is barred by limitation under Art. 54 of the Limitation Act, 1963, if filed after the expiry of the limitation period.
Suit for Specific Performance – Unlimited limitation would lead to a sense of insecurity and uncertainty.
A sale agreement signed solely by the vendor is enforceable, and no fixed date of performance in an agreement allows suit filing within three years of notice of refusal.
Agreement to Sell – Suit for Specific Performance cannot be decreed after termination of sale agreement by defendant.
Contractual obligations in specific performance suits require timely action; failure to act within statutory limitation renders claims void.
The suit for specific performance was within the limitation period as per the notice of refusal, and the defendants failed to prove cancellation of the agreement.
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