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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Mr.Justice R.Vijayakumar, J
Tmt.S.Badhri – Appellant
Versus
S.Vijayakumar – Respondent
ORDER :
The first defendant in O.S.No.297 of 2020 on the file of the I Additional District Court, Madurai has filed the above revision petition challenging the dismissal of an application filed under Order 7 Rule 11(d) of C.P.C.
(A)Facts which are not disputed are as follows:
2.One Mr.Sundaragopal is the owner of the property. He had executed a registered power deed in favour of the fourth defendant namely A.Jayachandran on 21.03.2012 for dealing with the property including a right to alienate the same. Based upon the above said power deed, the fourth defendant has entered into a registered sale agreement with the plaintiff on 16.07.2012. Under the said sale agreement, the total sale consideration was fixed at Rs.32,00,000/-. Out of which, a sum of Rs. 10,00,000/- is said to have been paid as advance amount to the power agent. A period of two years was fixed as time to complete the sale deed.
3.The original owner of the property had cancelled the power deed on 19.07.2012 and thereafter, he had passed away on 08.11.2019 leaving behind the defendants 1 to 3 as his legal heirs. The plaintiff had issued a legal notice to the defendants on 07.11.2020 calling upon them to execute a sale deed
Limitation is a mixed question of law and fact, requiring resolution of factual disputes before determining the applicability of limitation in specific performance suits.
A suit challenging a sale deed must be filed within the limitation period; failure to do so results in the suit being barred.
The rights of legal heirs to pursue claims do not lapse upon the death of the original plaintiff, ensuring suits remain viable despite substitution under the Limitation Act.
A suit filed more than three years post-execution of a sale-deed is barred by limitation regardless of claims of security, emphasizing the necessity of timely legal action.
The suit for specific performance was within the limitation period as per the notice of refusal, and the defendants failed to prove cancellation of the agreement.
Agreement to Sell – Suit for Specific Performance cannot be decreed after termination of sale agreement by defendant.
A plaint can be rejected under Order VII Rule 11 if it is barred by limitation or fails to disclose a cause of action, emphasizing the necessity for clear and truthful averments.
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