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Shri Parasharam Sakharam Dhumal And Anr vs Shri Shamrao Mahadeo Dhumal (Decd) Thr ... on 8 June, 2018 cites

Gauri Shankar Prasad & Ors vs Brahma Nand Singh on 11 July, 2008

27. It is significant to note that, in this Judgment of Gauri Shankar Prasad Vs. Brahma Nand Singh (Supra) , it was found that, the period of limitation has expired on 5th February 1992 and the Suit was filed on 23rd May 1992. Despite that, it was held that, as it was an 'Agreement of Re-conveyance' and there was specific stipulation for re- conveyance within a period of three years, which was, admittedly, not complied by the Plaintiff-Appellant, the High Court has rightly arrived in holding that the Plaintiff cannot be entitled to get specific performance of the 'Agreement'.
Supreme Court of India Cites 4 - Cited by 10 - A Pasayat - Full Document

Hasam Nurani Malak vs Mohansingh And Anr. on 3 September, 1973

In the Judgment of this Court in the case of Hasam Nurani Malak Vs. Mohansingh and Anr. (Supra) , the Division Bench was pleased to reproduce the observations of the Privy Council in the case of Jamshed Vs. Bruiorii, AIR 1915 PC 83, and held that, 18/22 SA-37-93.doc ::: Uploaded on - 14/06/2018 ::: Downloaded on - 15/06/2018 00:32:36 ::: "There is distinction between a "contract of sale of immovable property" and a "contract of re-sale or re- conveyance of immovable property". An Agreement to re-convey property, after the vendor transferred it by sale to the vendee, is essentially in the nature of, according to the strict requirements of 'Agreement of Re-conveyance' and hence, it has to be performed within the stipulated period."
Bombay High Court Cites 10 - Cited by 6 - Full Document

Mr. Sham Pundalik Dhumatkar And Another vs Mrs. Pushpa Mohanlal Talreja 1-A) ... on 9 August, 2016

28. In the Judgment of Raj Kishor (Dead) by LRs. Vs. Prem Singh and Ors. (Supra) also, in paragraph No.19, it was held that, 17/22 SA-37-93.doc ::: Uploaded on - 14/06/2018 ::: Downloaded on - 15/06/2018 00:32:36 ::: "In a case where the parties have entered into the transaction of sale and also executed 'Agreement of Re-conveyance' of the property sold, time stipulated for re-conveyance is the essence of the contract. If the original vendor fails to act punctually according to the terms of the contract, the right to re-purchase will be lost and cannot be specifically enforced."
Bombay High Court Cites 11 - Cited by 2 - R M Savant - Full Document

Sri Babu Ram Alias Prasad vs Sri Indra Pal Singh (Dead) By Lrs on 13 August, 1998

Prior to the expiry of that period, the Appellants had issued the notice on 3rd April 1973, calling upon the Respondents to execute the 'Sale- Deed' by accepting the amount of consideration. The said notice was received by the Respondents on 7th April 1973. Respondents did not comply with the same within fifteen days, which period expired on 22 nd 11/22 SA-37-93.doc ::: Uploaded on - 14/06/2018 ::: Downloaded on - 15/06/2018 00:32:36 ::: April 1973 and hence, the Suit filed on 17 th April 1976 is within the period of three years, as prescribed under Article 54 of the Limitation Act. To substantiate this submission, learned Senior Counsel for the Appellants has relied upon the Judgment of the Hon'ble Apex Court in the case of Babu Ram alias Durga Prasad Vs. Indra Pal Singh (Dead) by LRs., (1998) 6 SCC 358.
Supreme Court of India Cites 21 - Cited by 73 - M J Rao - Full Document
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