Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Limitation Validity period of agreement Suit for specific performance Date of performance. Article 54 of the Limitation Act 1963 Agreement to sell |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Limitation Act, 1963 (36 of 1963) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Suit for Specific Performance of Contract – Limitation for filing – Determination of:Held: The limitation under Article 54 of the Limitation Act, 1963 for instituting a suit for specific performance of a contract is three years from the date fixed for the performance, or, if no such date is fixed, when the plaintiff has notice that performance is refused. In the agreement dated 17.12.1989, it is specifically mentioned that the sale deed would be executed within one month from the date of the said agreement – The period of one month would expire on 16.01.1990, and once there is a specific date fixed for performance, the limitation period would be three years from the said date, which would expire on 16.01.1993 – The First Appellate Court and the High Court went on the consideration that the agreement further recorded that it would remain valid for a period of five years from date of the execution of the agreement to sell – Placing reliance on this clause is totally irrelevant – The performance was to take place within one month – The validity of the agreement is something different and does not change the date of performance – As such, the suit was liable to be dismissed on the ground of limitation alone – Accepting that the plaintiffs-respondents paid an amount of Rs. 80,000/- to the defendant-appellant, and there being no relief claimed for refund of this money, in order to do complete justice between the parties, the amount of Rs. 80,000/- be returned to the plaintiffs along with 12% simple interest by the appellants within three months. [Paras 8, 9, 10, 11 and 12] |
Judge | N/A |
Neutral Citation | 2024 INSC 599 |
Petitioner | Usha Devi & Ors. |
Respondent | Ram Kumar Singh & Ors. |
SCR | [2024] 8 S.C.R. 501 |
Judgement Date | 2024-08-05 |
Case Number | 8446 |
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