Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Suit |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Issue for consideration:(i) Whether the suit for specific performance was filed within theperiod of limitation; (ii) Whether the respondents were ready andwilling to perform their part of the contract.Suit – Specific performance – Limitation – Readiness andwillingness to perform contract – Respondents filed suitfor specific performance – The suit was decreed – TheFirst Appellate Court dismissed the suit – The respondentsthereafter filed Second Appeal, which was allowed by theHigh CourtHeld: Clause 3 of the agreement to sell (dated 31.07.1975) thereofstipulates that the appellants within 8 days from that date, for saleof the property, would apply for permission before the DistrictMagistrate – Thereafter, it was stipulated that within 15 days fromsuch intimation, the respondents shall get the Sale Deed executedeither in their favour or in favour of a person of their choice andthe expenses would be borne by the respondents – Appellants didnot apply for any permission to sell – Respondents filed suit on01.01.1981 for specific performance of the ATS – From the ninth(9th) day onwards, the onus had shifted on the respondents, ifwithin 8 days the appellants had not even applied for permission– As soon as the first eight days expired, the respondents had toshow due diligence by being vigilant and conscious of their rightsand were required to act promptly – There is nothing on the recordto fathom a valid or justifiable reason for the respondents to havewaited for five and a half years before instituting the suit – Also,from their own pleadings in the plaint, even after five and a halfyears, there being no averment that the respondents were readyand willing to perform their obligations under the ATS and pay thebalance/remaining amount is enough for the suit of the respondentsto be dismissed on the ground of limitation alone – The limitationfor filing a suit for specific performance, as per Article 54 of theSchedule to the Limitation Act, 1963 is 3 years – In the instantcase, the Agreement to Sell is dated 31.07.1975 and the suit wasfiled on 01.01.1981 – The judgment and order passed by the FirstAppellate Court, dismissing the suit, stands restored. [Paras 10,11, 12, 13] |
Judge | N/A |
Neutral Citation | 2023 INSC 898 |
Petitioner | Sabbir (dead) Through Lrs |
Respondent | Anjuman (since Deceased) Through Lrs. |
SCR | [2023] 13 S.C.R. 1127 |
Judgement Date | 2023-09-22 |
Case Number | 6075 |
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