Limitation for specific performace

kamal (Querist) 01 March 2012 This query is : Resolved
un regd agreemet entered on 8ov 2008 to sell property and got 5lac as biana. regitery agreed to be executed before 31/03/2009 failing which his biana will be forefeited. buyer could not arrange funds and paid 5lac more and promised to pay balance before 30/04/2009 and get registry done.but he did not come i served legal notice on 13/06/2009 requesting him to get registry and pay balance in 15 days time failing which his biana will be forefeited but he didnot bother and did not come till date. now pl. guide what will be limitation period by which he can file legal case for specific performance

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R.K Nanda (Expert) 01 March 2012
He can file said suit before 30/4/12.

RK.NANDA-ADVOCATE

Raj Kumar Makkad (Expert) 01 March 2012
You vide your notice dated 13.06.2009 extended the period for the registration of sale deed up to next 15 days means up to 28.06.2009 so legally the suit for specific performance can be filed up to 27.06.2012 though there is no ground to do so as his biana has already been forfeited as per terms of the agreement and thus agreement has been cancelled by the lapse of time.

Adv.R.P.Chugh (Expert) 01 March 2012
As per Article 54 of the Schedule Limitation Act, 1963 - it is three years from the date fixed for performance or if no such date fixed when the plaintiff has notice that performance is refused.
The period of limitation is to be reckoned from 30/04 - the date of performance, the case can be filed till 30/04/2012

Deepak Nair (Expert) 01 March 2012
Three years is the period of limitation.

Delay caused are condoned in certain cases.

V R SHROFF (Expert) 02 March 2012
3 years from last transaction, not notice, so 30/4/12.

Selvam Perumal (Expert) 02 March 2012
Dear Mr. Kamal,

According to your query originally the time for performance was fixed as 31-03-2009 and thereafter further payment was made and re-fixed the time for performance as 13-06-2009.

As such according to Article 54 of Limitation Act, 1963 you are entitled to enforce the Agreement within THREE Years from the date of expiry of the “time for performance” in the Sale Agreement as such you have to file a suit for specific performance on or before 29-04-2012 failing which you will lose your case.

Suppose in the Sale Agreement you didn’t mentioned any “time for performance” then only you have to calculate the time period for filing the suit after issuing lawyer notice as such the issuance of lawyer notice on 13-06-2009 will no way extends the limitation for filing the suit.

So strictly you have to file a suit for specific performance on or before 29-04-2012 failing which you will lose your case.

I think the above submission will suffice for your query.

I request the learned Experts to correct my submission if any mistakes found in it.