AI Overview...
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Section 54 of the Limitation Act, 1963 - Prescribes a limitation period of 3 years for filing a suit for specific performance of an agreement to sell property, starting from the date fixed for performance or the date when the agreement becomes enforceable Darshan Singh VS Sandeep Vaid - Punjab and Haryana, CHERUKURI VENKATA RAO VS Brahmojosyula Bala Gangadhara Sharma - Andhra Pradesh, MITTHOO YADAV VS DURJAN YADAV - Allahabad, MITTHOO YADAV VS DURJAN YADAV - Allahabad, MOLLY ABRAHAM vs SAMARIAS FINANCE - Kerala.
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Application to Sale Agreements - Courts have held that if a suit for specific performance is filed beyond this 3-year period, it is barred by limitation. Several cases demonstrate that delays of 17 or 20 years render such suits invalid Bhuvaniram VS Gangabai - Madhya Pradesh, CHERUKURI VENKATA RAO VS Brahmojosyula Bala Gangadhara Sharma - Andhra Pradesh, MOHD. ILIYAS VS RAM DULARI - Allahabad.
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Conditions Affecting Limitation - Certain conditions in agreements, such as pending permissions or approvals, do not extend the limitation period; the suit must be filed within 3 years from the date when the agreement becomes enforceable or the date fixed for performance MITTHOO YADAV VS DURJAN YADAV - Allahabad, MOLLY ABRAHAM vs SAMARIAS FINANCE - Kerala.
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Exceptions and Judicial View - Some judgments consider equitable factors, such as payment of consideration or possession transfer, but these do not override the statutory limitation period under Article 54 SEWA INTERNATIONAL FASHIONS LTD vs KALAWATI MATHRANI (DEAD) THR LEGAL REPRESENTATIVES - Delhi, MITTHOO YADAV VS DURJAN YADAV - Allahabad.
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Conclusion - The primary takeaway is that Section 54 of the Limitation Act, 1963 strictly limits the time to file a suit for specific performance of sale agreements to 3 years from the date the agreement becomes enforceable or the date fixed for performance. Filing after this period results in the suit being barred by limitation, as consistently upheld by courts Darshan Singh VS Sandeep Vaid - Punjab and Haryana, CHERUKURI VENKATA RAO VS Brahmojosyula Bala Gangadhara Sharma - Andhra Pradesh, Bhuvaniram VS Gangabai - Madhya Pradesh.
References: - Darshan Singh VS Sandeep Vaid - Punjab and Haryana - SEWA INTERNATIONAL FASHIONS LTD vs KALAWATI MATHRANI (DEAD) THR LEGAL REPRESENTATIVES - Delhi - MITTHOO YADAV VS DURJAN YADAV - Allahabad - MITTHOO YADAV VS DURJAN YADAV - Allahabad - M. Shanmugham VS S. Murugadass - Madras - Bhuvaniram VS Gangabai - Madhya Pradesh - CHERUKURI VENKATA RAO VS Brahmojosyula Bala Gangadhara Sharma - Andhra Pradesh - MOLLY ABRAHAM vs SAMARIAS FINANCE - Kerala - MOHD. ILIYAS VS RAM DULARI - Allahabad
Search Results for "Specific Relief Act s 54 Limitation of Sale Agreement"
2011 0 Supreme(P&H) 1190 • India - Punjab and Haryana
L.N.MITTAL
(Para 10) ... (D) Limitation Act, 1963, Art.54--Specific Relief Act, ... 1963--Specific performance--Agreement to Sell--Limitation--As per agreement, balance sale consideration was to be paid by the plaintiff ... (Para 12) ... (C) Specific Relief Act, 1963--Specific performance--Agreement ... Consequently, ....
2025 Supreme(Online)(Del) 6729 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, HARISH VAIDYANATHAN SHANKAR, JJ
Specific Relief Act, 1963 [hereinafter referred to as “ SRA ”]. In absence of any such relief, the Plaintiff was held not entitled to any compensation or damages. 11.6 Issue No. ... certificate under Section 230(A) of the IT Act, stating that, in case of a default, the Plaintiff would seek specific performance of the agreement. ... In view of the foregoing analysis, this Court finds that the suit is barred by limitation under Article 54....
2011 0 Supreme(All) 1177 • India - Allahabad
SHISHIR KUMAR
Specific Relief Act, 1963—Section 16-C—Limitation Act, 1963—Article 54—Specific performance—Agreement to sale—Execution of—In present ... to be paid at time of execution of sale-deed—Specific condition in Clause IV of agreement was that as there is a requirement of permission ... case an agreement was executed for sale of property—An ....
2011 0 Supreme(All) 1181 • India - Allahabad
SHISHIR KUMAR
Specific Relief Act, 1963—Section 16-C—Limitation Act, 1963—Article 54—Specific performance—Agreement to sale—Execution of—In present ... to be paid at time of execution of sale-deed—Specific condition in Clause IV of agreement was that as there is a requirement of permission ... case an agreement was executed for sale of property—An ....
2011 0 Supreme(Mad) 86 • India - Madras
R.MALA
sale agreement - specific performance - 1. Specific Relief Act, 1963 - Section 20, 16(c) - 2. ... 20 and 16(c) of the Specific Relief Act, Article 54 of the Limitation Act, and various judicial decisions, to determine the genuineness ... Limitation Act, 1963 - Article 54 - 3. ... Under Article 54 of the #HL_S....
2006 0 Supreme(MP) 1333 • India - Madhya Pradesh
N.K.MODI
Specific Relief Act, 1963 -- Ss. 20 and 22 -- Limitation Act, 1963 -Art. 54 --suit for specific performance of sale -- no advance ... given at time of agreement to sell -- suit filed after 17 years of agreement -- rightly dismissed. ... nbsp;fofufnZ"V vuqrks"k vf/kfu;e] 1963& &/kkjk 20 rFkk 22& &ifjlhek vf/kfu;e] 1963& &vuq- 54& ... Short facts giving rise to this appeal are that the appellant fil....
2024 0 Supreme(AP) 1295 • India - Andhra Pradesh
R RAGHUNANDAN RAO
(A) Specific Relief Act, 1963 - Section 14 - Limitation Act, 1963 - Article 54 - Suit for specific performance ... - Extension of agreement not valid post-expiration of limitation period - Specific performance is an equitable relief and can be ... of agreement of sale dated 13.06.1984 - Suit dismissed as barred by limitation, filed 20 years aft....
2016 0 Supreme(All) 964 • India - Allahabad
RITU RAJ AWASTHI
Specific Relief Act, 1963—Sections 12 and 15—Limitation Act, 1963—Section 15, Article 54—Specific Performance—Agreement for Sale—Trial ... his agreement for sale—And entered into another agreement for sale with appellants and had executed a sale-deed in favour of instant ... Court dismissed the suit—Admittedly a joint agreement#HL_END....
1987 0 Supreme(AP) 21 • India - Andhra Pradesh
B.P.JEEVAN REDDY, RAMA RAO
SPECIFIC RELIEF ACT, Sec.28 and Limitation Act, Art. 54 - Suit for specific performance of an agreement of sale in 1968 -- Dismissed ... However the limitation prescribed by the Limitation Act for Enforcing an agreement of sale is three years from the date fixed for ... His conduct also mitigates against time, which decline the Court from grant....
2025 Supreme(Online)(Ker) 39826 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
(A) Specific Relief Act, 1963 - Section 14 - Limitation Act, 1963 - Article 54 - Suit for specific performance of an agreement for ... the agreement. ... sale - Plaintiff alleged payment of entire consideration and possession transfer - Suit filed after 9 years, deemed barred by limitation ... It is also true that as per Article 54 of the Limitation Ac....
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