Time barred agreement


Payment made on white paper (not on stamp paper) receipt for sale of a house in 1997.

The payer never made any claim(neither oral nor written) on the payee, for execution of sale till 2009 ie., for more than 12 years.

Can the payer in 2009 file a criminal case in Police station on the payee for non-execution of sale.

Can the payee be tried u/s 420 ipc., when the payee never exhibited any refusal to execute the sale during 1997 to 2009?

Is it a fact that mere breach of contract which does not give rise for being prosecuted unless fraudulent or dishonest intention is shown from the very beginning, become applicable in above case from applying section 420 i.p.c on the payee?

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Advocate

Giving criminal colour to civil cases is becoming very common for arm twisting & as pressure tactics. Don't have facts of case so can't comment. Has the FIR registered? Because that may complicate things. If not, when Police contacts you, request for a written reply where you mention your version & how the opposite party is only trying to misuse criminal law for a civil contract.
 
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Advocate

Your case does not disclose commission of any criminal offence !

 
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Advocate/Attorney

Your case is purely of civil nature and it is nothing to do with criminal nature.  You cannot file criminal case against your opponent.

 

As per the latest Supreme Court Judgement, if there is no time frame for executing sale deed in the agreement, the cause of action starts from the date of either vendor or purchase gives notice to the other.  The limitation will be three years from the date of such cause of action. to file suit for specific performance.

 

As per your contention, the payer made a claim in the year 2009, hence you should have filed the suit for specific performance in the year 2012, but till now you have not filed any suit. Hence, you lost your limitation. Now you cannot claim suit for specific performance, however, you can claim your money back with simple interest. 

 

 
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Advocate

You are talking about the incidence that took place in the year 1997 which emerged once again in the year 2009, but ther is no information about what transpired between 2009 till 2015 and what is the need for asking clarification on an issue which closed ended in 2009 now?   It appears to be very vague, academic and hypothetical query hence you cannot expect any proper opinion to your query. 

 
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