VALMIKI J. MEHTA, J (ORAL)

1. By the present first appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC), the plaintiff/appellant challenges the impugned judgment and decree dated 01.09.1999. The appellant/plaintiff had filed the suit praying for specific performance of an agreement to sell (Ex. PW-1/1) dated 13.4.1988 with respect to land measuring about 5 bighas 15 biswas bearing Khasra No. 496 situated in village Neb Sarai, Tehsil Mehrauli, New Delhi for a total consideration of Rs. 3,00,000/- of which Rs. 10,000/- was received at the time of entering into the agreement and the balance of Rs. 2,90,000/- was receivable at the time registration of sale deed. The trial court has dismissed the suit of the plaintiff/appellant.

2. The first reason for dismissal of suit was that the suit was barred by the limitation. The second reason for dismissal of the suit was that the respondent/defendant was not a Bhumidhar but an Assami under the Delhi Land Reforms Act, 1954 (hereafter “the said Act”) and thus did not have title to sell the land to the appellant. It was held that the agreement was barred by virtue of Sections 32 and 45 of the said Act.

3. On the issue of limitation,

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