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ANIL L. PANSARE
Nathu Mahadeorao Thaokar (Dead) – Appellant
Versus
Raghunath S/o Kolbaji Kalar (Died And Substituted) – Respondent
JUDGMENT :
Anil L. Pansare, J.
The appellants/legal representatives of original plaintiff have filed the present Appeal against the respondents/original defendants assailing the judgment and decree dated 20.03.2010 passed by learned Extra Joint Adhoc District Judge, Nagpur in Regular Civil Appeal No.159/2008 thereby dismissing the appeal arising out of the judgment and decree dated 11.01.2008 passed by learned Joint Civil Judge, Sr.Dn., Nagpur in Special Civil Suit No. 867/1992. The appellants shall be hereinafter collectively referred to as 'plaintiff' and the respondents as 'defendants'.
2. The Appeal has been admitted on the following substantial questions of law :-
(ii) Whether the Courts below have committed an error in ignoring Exh.69 i.e. the last payment dated 29.11.1989 while considering the issue of limitation?
3. The relevant facts are as under ;
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.
Suit for Specific Performance – Unlimited limitation would lead to a sense of insecurity and uncertainty.
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.
Contractual obligations in specific performance suits require timely action; failure to act within statutory limitation renders claims void.
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 admission of an agreement's execution shifts the burden of proof to the denying party, and failure to substantiate denial supports the validity of the agreement for specific performance.
Limitation for filing a suit for specific performance commences after one month from the execution of the release deed, not from the date of the original agreement.
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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