LIMITATION ACT AND CONTRACT ACT

davinder (Querist) 24 March 2008 This query is : Resolved
AN AGREEMENT OF SALE HAS BEEN ALLEGED BY MY CLIENT ON 14/06/1999 THAT THE AGREEMENT WILL BE EXECUTED ON 14/11/1999. NOW ON 26/06/2007 HE SUED MY CLIENT ON THE BASIS OF THE LETTERS WRITTEN TO MY CLIENT. THE SECOND THING THAT MY CLIENT CAME INTO THE STEP SHOES OF HIS FATHER AFTER 2004 OF THAT PROPERTY THE HON'BLE MAGISTRATE HAS PASS THE INJUNCTION ORDER U/39-1,2 AGAINST MY CLIENT ON THE BASIS OF THAT VAUGE A LETTERS AND HE ORDERED THAT ORAL AGREEMENT SUFFICENT I NEED LAW ON THIS POINT AND AUTHORITY AGAINST THAT JUDGEMENT

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Prakash Yedhula (Expert) 27 March 2008
The limitation prescribed for a suit for specific performance of a contract as per Article 54 of the Schedule to the Limitation Act, 1963 is three years. The time from which the period begins to run is the date fixed for the performance or, if no such date is fixed, when the plaintiff has notice that the performance is refused. Hence you need to prove this factual aspect first.

See the following reported judgments

1) 2007 (4) AIR(BOM) 115

2) 2006 (6) SCJ 234

3) 2006 (5) SCJ 59

4) 2006 (3) SCJ 538

5) 2006 (2) SCJ 239

6) 2006 AIR(SC) 40 : 2005 AIR(SCW) 5447 : 2005 (8) Scale 587 : 2005 (9) JT 149 : 2005 (7) Supreme 361 : 2005 (8) SCJ 307