specific performance

S.Sivakumar (Querist) 17 April 2011 This query is : Resolved
A (purchaser)has entered into sale agreement with B(seller)on 1.12.2007 Time 6 months. A issued legal notice to B for registration on 23.4.2008. Notice was served on B. No reply. Whether A can file a suit for specific performance? limitation ?

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Guest (Expert) 17 April 2011
suit for specific performance can be filed with in 3 years of the knowledge regarding the non execution of the registration.

adv. rajeev ( rajoo ) (Expert) 18 April 2011
yes he can file a suit for specific performance

Naresh Kudal (Expert) 18 April 2011
he can file a suit for specific performance within 3 years from the end of term of agreement. I think limitation will starts from the end of term of agreement not from notice.

Parveen Kr. Aggarwal (Expert) 18 April 2011
A (purhaser) can file a suit for specific performance of agreement dated 01.12.2007 consequent to the failure of B (seller) to perform his obligations under the agreement. The suit can be filed before 31.05.2011. However, if there is evidence that B refused performance of agreement at any time before 31.05.2008, the limitation period of three years will be counted therefrom in terms of Article 54 of the schedule appended to the Limitation Act, 1963.