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2013 Supreme(Del) 2180

RAJIV SAHAI ENDLAW
L. M. Nagpal – Appellant
Versus
Fatehji & Co. – Respondent


Advocates:
Mr. M.L. Mahajan , Mr. Gaurav Mahajan, Advs. for Appellants.
Mr. Abhinav Vasisht, Sr. Adv. with Mr. Naveen Kumar Chaudhary , Mr. Gulshan Chawla, Advs. for Respondents.

JUDGMENT :

Rajiv Sahai Endlaw, J.

1. The appeal impugns the order dated 07.08.1997 of the Court of Additional District Judge, Delhi rejecting the plaint, in suit No.87/1994 filed by the appellants/plaintiffs for specific performance of an Agreement of Sale of immovable property, on an application of the respondents/defendants under Order 7 Rule 11 of the CPC.

2. The appeal was admitted for hearing and the Trial Court record requisitioned. The counsels have been heard.

3. The Trial Court in the impugned order has held:

(i) that specific performance was claimed of a written Agreement to Sell dated 02.07.1973;

(ii) that as per the Agreement to Sell, peaceful possession of the entire property agreed to be sold had been delivered to the appellants/plaintiffs;

(iii) that the suit for specific performance was filed on 29.04.1994;

(iv) that as per the written Agreement to Sell, the time for performance of the contract fixed in the agreement was till 02.12.1973;

(v) that as per the provisions of Article 54 of the Limitation Act, 1963, the limitation for filing a suit for specific performance is three years from the date fixed for performance and if no such date is fixed, when the plaintiff has notic












































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