Litigation time limit
rajendrathakor
(Querist) 05 December 2012
This query is : Resolved
Dear sirs
I want to know that is there any time limit to the purchaser of agriculture land to file litigation for specific performance against seller in case of unregistered agreement to sell (bana chitthi) where clearly stated that after the due date the agreement will stand cancel automatically and the buyer has no right to litigate for specific performance.
Devajyoti Barman
(Expert) 05 December 2012
Irrespective of what is stipulated in the sale agreement, the limitation for fling suit for specific performance is 3 years from the date of cause of action.
Raj Kumar Makkad
(Expert) 05 December 2012
The terms of the agreement shall prevail over the general law in this respect. If buyer has got no right to litigate even if the seller refuses to execute the sale-deed in favour of buyer then none to blame and only buyer has to suffer and he cannot file the desired suit hence the question of limitation is no available for him.
ajay sethi
(Expert) 05 December 2012
terms of agreement are sacrosant .
