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SIDDHARTHA ROY CHOWDHURY
Raman Srivastav – Appellant
Versus
Sk. Wahider Rahaman – Respondent
| Table of Content |
|---|
| 1. overview of the case and factual background. (Para 1 , 2 , 3 , 4 , 5) |
| 2. appellant's argument on title and limitation. (Para 6 , 9 , 10 , 11 , 12) |
| 3. court's findings on title and limitation. (Para 7 , 8 , 16) |
| 4. arguments on grounds for title defects in the sale agreement. (Para 14) |
| 5. legal provisions under specific relief act. (Para 17 , 20 , 24) |
| 6. indications of limitations related to specific performance. (Para 19 , 21) |
| 7. final order and costs. (Para 26 , 27 , 28 , 29) |
JUDGMENT :
Siddhartha Roy Chowdhury, J.
1. Challenge in this appeal is to the judgement and decree passed by learned Additional District Judge, 5th Court, Barasat, North 24 Parganas in Title Appeal No. 36 of 2008 affirming thereby the judgement and decree passed by learned 1st Court, Civil Judge (Senior Division) Barasat in Title Suit No. 94 of 2001.
2. Briefly stated, respondent no. 1, Sk. Wahider Rahaman filed a suit for specific performance of contract with consequential relief against respondent no. 2 and 3 Sri Manoj Kumar Shaw and Sri Kailash Nath Shaw. In the said proceeding nine persons were added as defendant nos. 3 to 11 at the behest of the plaintiff.
3. It is contended that suit property was
Contracts for specific performance are unenforceable when vendors lack title, and suits are barred by limitation if not filed within prescribed timeframes.
A suit for specific performance is barred by limitation when filed beyond three years from the date of refusal, and cannot succeed if the vendor lacked the title to the property.
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....
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.
A plaintiff seeking specific performance must demonstrate continuous readiness and willingness to complete contract obligations, failing which relief may be denied.
(1) Agreement to sell – Specific performance will not be ordered if contract itself suffers from some defect which makes contract invalid or unenforceable – Discretion of court will not be there even....
The absence of a fixed date for performance in a contract for sale means that the limitation period for filing a suit for specific performance begins when the plaintiff receives notice of refusal, ma....
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