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MOUSHUMI BHATTACHARYA, NAGESH BHEEMAPAKA
S. P. R. Publications (P) Limited – Appellant
Versus
Ganapathi Industries – Respondent
JUDGMENT :
Moushumi Bhattacharya, J.
1. The Appeal Suit was found to be maintainable by an order dated 11.09.2024 and the Registry was accordingly directed to number the present Appeal Suit.
2. The question before the Court now is whether the prayer for setting aside the impugned order dated 25.06.2024 and remanding the matter to the Trial Court for a fresh hearing upon issuing notice to the defendants can be allowed. Learned counsel appearing for the appellant has argued for an order of remand.
3. The appellant is the plaintiff before the Trial Court who filed a Suit for specific performance of contract based on an Agreement of Sale dated 05.11.2007. According to a sequence of events presented by counsel appearing for the appellant, the Agreement of Sale dated 05.11.2007 was executed between the appellant and the respondent No. 1/defendant No. 1 for sale of the suit schedule property for a total sale consideration of Rs. 60,00,111/- out of which the appellant paid a sum of Rs. 18,00,000/-. The appellant was to pay the balance sale consideration at the time of registration of the Sale Deed. The appellant paid a total sum of Rs. 22,50,000/- to the respondent No. 1 and expressed its read
The court emphasized that a Trial Court must consider the entire plaint and not selectively read it when determining the limitation period for specific performance claims.
Agreement to Sell – Suit for Specific Performance cannot be decreed after termination of sale agreement by defendant.
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.
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 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.
In cases of specific performance where no time for performance is fixed in the agreement, the limitation period begins when the plaintiff notices refusal of performance, and the issue of limitation i....
Limitation for specific performance suits is a mixed question of law and fact, requiring evidence for determination; amendments to the plaint are permissible if necessary for resolving real issues.
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