Limitation act
C.NOWSHAD
(Querist) 06 December 2011
This query is : Resolved
Mr.A is the land lord of 1 acre of tea estate(patta land). he entered into an agreement for sale of the said property to one Mr.B in MAY 2000. Mr.A received a sum of Rs.2 lakhs towards advance from Mr.B and further agreed to deliver the possession to Mr.B on payment of balance sale consideration of Rs.1 Lakh by Mr.B with in a year. after one year in 2001, Mr.B issued legal notice to Mr.A for specific performance. Mr.A received the notice but he had not given any reply for that. Mr.B has not filed any suit against Mr.A till now either for the recovery of money or for specific performance. Mr.A is my client, he appraoched me for legal advice. on verification of the encumbrance certificate it was found that there is an encumbarance of a sale agreement between Mr.A and Mr.B in the year 2000. but there is no encumberence like court attachment etc., Now it almost 11 years completed after entering into the sale agreement between the parties. except the said legal notice sent by Mr.B in 2001, no legal action has been taken by either Mr.A or Mr.B. but still there is a encumberence in the encumberence certificate.
what shall i advice to my client Mr.A..?
when the limitation end/ended for filing suit by either party..?
how can Mr.A remeove the encumberence from the encumberence certificate..?
To make the property free from all encumbernces, what shall Mr.A do..?
whether still Mr.B has any right over the said sale agreement even after 11 years of the said sale agreement..?
pls help me to advice my client with all aspects...
H. S. Thukral
(Expert) 06 December 2011
suit for specific performance can be filed within three years when it became known about breach of contract by the other party. In my opinion there is no encumbrance of any kind and your client can go ahead with the purchase.
prabhakar singh
(Expert) 06 December 2011
Yes!As per article 54 of Limitation Act the limitation for specific performance of a contract is Three years to be counted from the date fixed for the performance, or, if no such date is fixed, when the plaintiff has notice that performance is refused.
The right of Mr.B ,if any has gone barred as he could not file suit till 2004 after notice given in 2001.
ajay sethi
(Expert) 06 December 2011
agree with experts
C.NOWSHAD
(Querist) 06 December 2011
Thank u sir.,
how can Mr.A remove the entry of encumberence of the said sale agreement from his encumberence certificate...?
he needs to file any suit...?
C.NOWSHAD
(Querist) 04 January 2012
thank u experts
