Specific performance

pawan kumar (Querist) 04 May 2012 This query is : Resolved
AGREEMENT TO SELL ENTERED IN NOV 2008 BUYER DIDNOT TURNUP TO GET REGISTRY UPTO DATE FIXED FOR THE PURPOSE WHICH WAS MARCH 2009.IN AUG 2010 SUREME COURT STAYED THE ENTIRE AREA IN WHICH PROPERTY WAS LOCATED AND REGISTRIES WERE STAYED FOR SOME OTHER REASONS.SUCH STAY IS STILL IN FORCE. NOW FOR CALCULATING PERIOD OF LIMITATION OF 3YEARS FROM 31MARCH 2009 FOR SPECIFIC PERFORMANCE WILL BE ADDED TO 3YRS OR IT WILL NOT MATTER

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pawan kumar (Querist) 04 May 2012
PERIOD OF LIMITATIO WILL BE 31-03-2012 OR PERIOD OF STAY WILL BE ADDED THERETO

adv. rajeev ( rajoo ) (Expert) 04 May 2012
limitation starts from 1/4/2009, stayed period also calculated for limitation.

MohammedRaffiq Bijapur (Expert) 05 May 2012
Definitely the period of limitation begins from March 2009 however u will get benefit of the period which the stay is prevailing.
Refer Sec 15 of Limitation Act also.

ashutosh mishra (Expert) 05 May 2012
The cause of action started to run w.e.f March09 but shall be deemed suspended between period of stay which you state is still in force hence would end up a day after stay is vacated,March 12,three years already passed.

Shonee Kapoor (Expert) 05 May 2012
Nothing left to be added.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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