Search Results Page
Search Results
1 - 9 of 9 (1.40 seconds)Section 96 in The Code of Civil Procedure, 1908 [Entire Act]
The Code of Civil Procedure, 1908
The Limitation Act, 1963
Section 29 in The Indian Stamp Act, 1899 [Entire Act]
Section 52 in The Transfer Of Property Act, 1882 [Entire Act]
Section 20 in The Specific Relief Act, 1963 [Entire Act]
K.S. Vidyanadam And Ors vs Vairavan on 6 February, 1997
12. From perusal of the evidence, it is evident that plaintiffs were
required to pay balance consideration initially by 01/12/1988 and later
it was extended up to 30/04/1990, but the suit was filed on 22/02/1993
i.e. more than 02 years and 10 months. The original agreement was
alleged to have been executed on 05/08/1988 and if calculated from
aforesaid date then suit was filed after a lapse of 05 years. The Hon'ble
apex Court in the case of K. S. Vidhyanadam Vs. Vairavan reported
in 1997 (3) SCC 1 has held that "even though time is not the essence of
contract of sale of immovable property and suit can be filed within a
period of 3 years provided under Article 54 of Limitation Act, but it
should be performed within a reasonable time having regard to the
terms of contract prescribing a time limit and nature of the property."
Thomson Press (India) Ltd vs Nanak Builders & Investrs.P.Ltd & Ors on 21 February, 2013
26. So far as the status of appellant is concerned, undoubtedly, the
appellant have purchased the suit property during the pendency of the
litigation between the parties. Learned counsel for the respondent
submits that on the principle of lis pendens provided under Section 52
of the Transfer of Property Act and law laid down by Hon'ble the Apex
Court in the case of Thomson Press (India) Ltd. Vs. Nanak Builders
and Investors Pvt. Ltd. and Others reported in AIR 2013 Supreme
Court 2389, the transfer of the suit land in favour of the appellant
pendente lite is effective in transferring title to the appellant but such
title shall remain subservient to the rights of the plaintiff in the suit and
subject to any direction, which the Court may eventually pass therein.
1