RAJIV SAHAI ENDLAW
L. M. Nagpal – Appellant
Versus
Fatehji & Co. – Respondent
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
Chandnee Widya Vati Madden v. Dr. C.L. Katial AIR 1964 SC 978
Dadarao v. Ramrao (1999) 8 SCC 416
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Man Kaur v. Hartar Singh Sangha (2010) 10 SCC 512
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P.D’ Souza v. Shondrilo Naidu (2004) 6 SCC 649
Rojasara Ramjibhai Dahyabhai v. Jani Narottamdas Lallubhai AIR 1986 SC 1912
T. Arivandandam v. T.V. Satyapal (1977) 4 SCC 467
Vishwa Nath Sharma v. Shyam Shanker Goela (2007) 10 SCC 595
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