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VIKRAM AGGARWAL
Uma Sharma – Appellant
Versus
Baleshwar Dayal – Respondent
JUDGMENT
Vikram Aggarwal, J.—This is defendant’s appeal against the judgment and decree dated 17.05.2011 passed by the Additional District Judge, Faridabad vide which the appeal filed by the respondents-plaintiffs was allowed, judgment and decree dated 16.03.2010 passed by the Additional Civil Judge (Senior Division), Faridabad was modified and the suit for specific performance filed by the respondents-plaintiffs was decreed. For the sake of convenience, parties shall be referred as per their original status.
2. The plaintiffs instituted a suit for specific performance of agreement to sell dated 04.12.1994 stated to have been executed by the defendant vide which she agreed to sell a plot measuring 171.18 sq. yds. (fully described in the plaint) situated in the premises known as “TCC Complex”, Sector-10, Faridabad (hereinafter referred to as ‘the disputed plot’). It was averred that the said agreement to sell had been executed by the defendant vide which she had agreed to sell the disputed plot to the plaintiffs @ Rs.1400/- per sq. yds. The possession was handed over at the time of execution of the agreement to sell. Rs.50,000/- was paid as earnest money by way of a cheque dated 04.
Suit for Specific Performance – Unlimited limitation would lead to a sense of insecurity and uncertainty.
Contractual obligations in specific performance suits require timely action; failure to act within statutory limitation renders claims void.
A sale agreement signed solely by the vendor is enforceable, and no fixed date of performance in an agreement allows suit filing within three years of notice of refusal.
The plaintiff's failure to file the suit within the limitation period and to prove readiness and willingness to perform the contract resulted in dismissal of the specific performance claim.
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....
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