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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
SANJAY DHAR, J
Abdul Hamid Kaloo – Appellant
Versus
Ranbir Singh Tula – Respondent
ORDER :
1. Through the medium of present appeal, the appellant has challenged order dated 04.01.2025 passed by the court of learned Additional District Judge, Srinagar (hereinafter referred to as “the trial court”), whereby application of the respondents/defendants under Order 7 Rule 11 CPC has been allowed and the suit of the plaintiff/appellant has been dismissed.
2. Admit
3. Issue notice to the respondents. Mr. N. A. Tabasum, Advocate, who is on caveat, accepts notice on behalf of the respondents. The caveat stands discharged.
4. Heard learned counsel for the parties and perused the impugned judgment, grounds of appeal and the documents placed on record.
5. It appears that the appellant/plaintiff had filed a suit for specific performance of agreement to sell dated 19th April, 2004 read with supplementary agreement to sell dated 31st August, 2005 in respect of land measuring 01 kanal falling in Khasra No.743-min situated at Nigeen Bagh, Srinagar, against the defendants. The plaintiff had also sought a prohibitory injunction against the defendants restraining them from executing further documents with respect to the suit property and also restraining them from dispossessing the plainti
A suit for specific performance filed after the limitation period is barred, and the provisions of the Migrant Act apply to the case.
A suit for specific performance must be filed within the limitation period; failure to do so results in dismissal.
The court ruled that a civil suit for specific performance must be filed within three years from the refusal to perform, reinforcing that delay and lack of sufficient pleading detail bar such claims.
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....
A unilateral cancellation of a registered agreement of sale is invalid; the cause of action based on subsequent knowledge and payments keeps the suit within limitation.
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....
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.
The court emphasized the importance of providing convincing evidence and demonstrating genuine interest in seeking specific performance of a contract.
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