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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
REKHA BORANA
Suresh Chandra – Appellant
Versus
Aji Bai – Respondent
| Table of Content |
|---|
| 1. counsel for the respondent (Para 8 , 9 , 10) |
| 2. limitation interpretation (Para 11 , 12 , 13 , 15 , 16) |
| 3. appeal allowed (Para 14) |
Order :
2. The facts are that a suit for specific performance of contract was filed by the plaintiff with a submission that agreement to sell dated 29.04.2016 was executed by defendant respondent No.1 in his favour. As per the terms of the agreement, the defendant Aji Bai was under an obligation first, to get the sale deed of the land in question executed in her favour by one Dakhi Bai who was the actual owner of the land in question at that point of time. Within a period of one month of the said sale deed being got executed by the defendant Aji Bai in her favour by Dakhi Bai, the sale deed was to be executed by Aji Bai in favour of plaintiff Suresh Chandra.
4. It had further been averred that within a period of one month from 19.12.2023, on 05.01.2024, defendant No.1 Aji Bai was requested to get the sale deed executed in favour of the plaintiff but she declined. Thereafter notice dated 13.08.2024 was served on defendant No.1 and when no action was taken upon the same, the present suit was filed on 04.10.2024.
6. Learned counsel for the ap
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 accrual of cause of action and the applicability of limitation in specific performance suits should be considered based on the averment of plaint and documents referred therein as a whole, and th....
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.
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....
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.
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.
Rejection of plaint – When rejection of plaint is sought in application filed under O.VII R.11, same is to be considered from facts of each case, looking at averments made in plaint.
The court emphasized the importance of readiness and willingness to execute a sale deed in specific performance cases, and highlighted the significance of adhering to limitation periods for filing su....
Suit for Specific Performance – Unlimited limitation would lead to a sense of insecurity and uncertainty.
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