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2017 Supreme(Bom) 2153

S.B.SHUKRE
Naginchand – Appellant
Versus
Vinod – Respondent


Advocates Appeared:
For the Applicant : M.P. Khajanchi, Counsel.
For the Respondent: P.M. Pande, Counsel.

JUDGMENT :

1. Heard.

2. Rule. Rule made returnable forthwith.

3. Heard finally by consent.

4. This revision application involves a question, as to whether or not the present suit, filed for specific performance of contract, is barred on the face of it by limitation.

5. In the present case, the respondents filed a civil suit bearing R.C.S. No.212/2016, against the applicant. The respondents claimed to be the legal heirs of deceased Ramkalibai Tarachand Gupta, who had entered into an agreement to purchase the suit property comprising two plots admeasuring 2100 sq.ft., as per the proposed layout plan, out of field survey no.7, situated at Mouza Shegaon, Tahsil and District Amravati. This agreement was of 26/04/1985 and it provided for execution of the sale deed, latest by 30/12/1986. This date was extended to 31/03/1989. However, it appears that the sale deed was not executed in favour of Ramkalibai. Ramkalibai died on 13/11/2011. The respondents, being the sons and daughter of deceased Ramkalibai and Tarachand, learnt in the year 2015 about entering into an agreement to purchase the suit property executed between Ramkalibai and the applicant. They demanded specific performance of contract
























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