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KRISHNA S DIXIT, C. M. POONACHA
L R Ananth – Appellant
Versus
S Jayaramachandran – Respondent
JUDGMENT :
Mr. C.M. Poonacha, J. - The present appeal is filed by the plaintiff challenging the order dated 20.1.2016 passed on issue No.8 in OS No.4088/2005 by the XXXIX Additional City Civil Judge, Bangalore City (Hereinafter referred to as the 'Trial Court'), whereunder the Trial Court answered issue No.8 in the affirmative and dismissed the suit as barred by limitation.
2. For the sake of convenience, the parties herein are referred to as per their ranking before the Trial Court.
3. The relevant facts necessary for consideration of the present appeal are that the plaintiff filed a suit for specific performance to direct the defendants to execute the registered Sale Deed in performance of the agreement dated 22.2.1996 by receiving the balance sale consideration. It is the case of the plaintiff that he agreed to purchase the suit property from the first defendant for a total sale consideration of Rs. 32.00 lakhs and they entered into an Agreement of Sale dated 22.2.1996 with regard to the same and on the said date, an advance of Rs. 5.00 lakhs was paid. That the first defendant was the General Power of Attorney Holder of the second defendant who was the owner of the property. That s
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.
Agreement to Sell – Suit for Specific Performance cannot be decreed after termination of sale agreement by defendant.
In cases of specific performance where no time for performance is fixed in the agreement, the limitation period begins when the plaintiff notices refusal of performance, and the issue of limitation i....
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.
Suit for Specific Performance – Unlimited limitation would lead to a sense of insecurity and uncertainty.
Contractual obligations in specific performance suits require timely action; failure to act within statutory limitation renders claims void.
The main legal point established in the judgment is that the time for specific performance of a contract starts to run after the expiry of the time fixed in the agreement, as per the provisions of Ar....
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