Limitation for execution of decree
Anjali Arya
(Querist) 26 November 2013
This query is : Resolved
A Decree was passed against Ram (Lessee) to execute Sale Deed (in respect of a Leasehold Property) if permission is granted by Lessor in 1994.
After 19 years of passing of Decree, Lessor has granted the permission for Sale.
Question : Whether Limitation Act applies in this case ?
BAALASUBRAMANNYAMM
(Expert) 26 November 2013
The decree( other than maintenance decree) should be enforced within 12 years from the date of decree. No Section 5 of Limitation Petition is maintainable for condonation of delay, in case, if we want to execute the decree, after 12 years.
V R SHROFF
(Expert) 26 November 2013
decree : Limitation 12 years, no extension
Anjali Arya
(Querist) 26 November 2013
Decree Holder had filed Execution Petition in 2005, much before the the permission was received in 2013.
Whether the Limitation of 12 years apply on the Condition of Decree
or
filing of Execution Petition ?
Devajyoti Barman
(Expert) 27 November 2013
12 years would be computed from date of permission.