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SURAJ GOVINDARAJ
Bhagyaraju S/o. Mahendra – Appellant
Versus
Prema W/o. C. Nagarana Gowda – Respondent
ORDER :
1. The petitioner is before this Court seeking the following reliefs:
a) Call for the records;
b) Set-aside the impugned order dated 31.05.2018 passed by the Principal Senior Civil Judge and Chief Judicial Magistrate, Mandya, in F.R. No.43/2018, produced at Annexure-E.
c) Direct the trial Court to register the suit, adjudicate and dispose of the case on merits expeditiously and pass such other or further orders as this Hon’ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity.”
2. The petitioner had filed a suit, which came to be registered as F.R.No.43/2018 before the Senior Civil Judge and JMFC, at Mandya. The suit was filed in the year 2018, and the Registry had put up a note stating that the agreements are dated 26.08.2011 and 09.02.2012. Hence, arguments were heard on the aspect of limitation. On 14.03.2018, the matter was first taken up for hearing. Thereafter, further arguments were heard and on 31.05.2018, the suit came to be dismissed as not maintainable and not liable
The limitation period for a suit for recovery of money should be calculated from the date of refusal, not the date of the agreement, as per Article 54 of the Limitation Act.
The accrual of cause of action and the applicability of limitation in specific performance suits should be considered based on the averment of plaint and documents referred therein as a whole, and th....
The issue of limitation for specific performance of a contract is a mixed question of fact and law, and the plaint cannot be rejected solely based on the averments in the plaint.
Agreement to Sell – Suit for Specific Performance cannot be decreed after termination of sale agreement by defendant.
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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