TIME LIMITATION

VENKATESH HEGDE (Querist) 18 November 2009 This query is : Resolved
i have agreement of sale of immovable property of Rs 30,00,000 now that property is sued before a court by 3rd party. my question is could i sued for specific performance of contract? this month time limitation period will be ended.what is the time limitation for file a suit for specific performance of contract in case of lis pendent?

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AEJAZ AHMED (Expert) 18 November 2009
For the purpose of specific performance of Contract/Agreement, Article 54 of the Limitation Act - 1908 would apply.

As per Article 54 of the Act, Period of Limitation to file Suit for Specifi Performance is " THREE (3) YEARS".

But you should follow all the procedure before to initiate any proceedings under Specific Performance.

Raj Kumar Makkad (Expert) 18 November 2009
Your question relates to limitation in case of lis pendance. If you are not a party to that suit or have not raised your right therein then no limit can be extended for you and the same is under Article 54 of Limitation Act i.e. only 3 years from the date of contract/agreement. If you are a party to the suit and have raised your right and have even obtained stay order restraining its further alienation because of your agreement then automatically limit shall extend till the disposal of the suit. So you decide accordingly and do not waste time as limitation period is very less with you to further initiate.

niranjan (Expert) 18 November 2009
If third party has filed suit for specific permance against the same person with whom you also have sale agreement for the same property and if the agreement of third party is prior to yours and your agreement is also challenged,it could be done that you may file counterclaim for specific performance.

Adinath@Avinash Patil (Expert) 19 November 2009
Limitation is Three years from the date of contract.
Mr.Raj has replied correctly you follow his instruction.I agree with Raj.