When limitation for filing suit for specific performance of contract will not commence?
Insofar as issue of limitation raised by the defendant no.3 is concerned, there is no dispute that the agreement was executed on 1st October, 1974. The said Mr.Ramchandra Hari Arve expired on 11th October, 1976. The suit was filed on 15th March, 1983. The plaintiff had proved before the learned trial judge about the execution of the agreement for sale between the plaintiff and the said Mr.Ramchandra Hari Arve. It was one of the condition in the said agreement that the sale deed would be executed within one month from the date of Mr.Ramchandra Hari Arve obtaining permission from the competent authority. Since Mr.Ramchandra Hari Arve could not obtain any permission from the competent authority, in my view the limitation did not commence for filing the suit for specific performance.
Bombay High Court
Shri Sadashiv Ramchandra Arve vs Shri Kashinath Virupax Hingmire ... on 29 January, 2016
Bench: R.D. Dhanuka
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO. 381 OF 1993
Citation:2016(2) ALLMR435
https://www.lawweb.in/2016/05/when-limitation-for-filing-suit-for.html
