correct. Article 54 of the Limitation Act says that the limitation for filing a suit for specific performance shall be three years and that ... question of limitation, since Article 54 of the Limitation Act makes it unambiguous that a suit for specific performance has to be filed within
vendor; even if vendee's claim for specific performance is barred by limitation.
Subsequently, the Division Bench in the case of Adinath reported ... entitled to hold possession even if remedy of specific performance is barred by limitation. In support, he placed reliance on the decisions in Gopal Bhaurao
specific performance of the agreement to sell in his favour and the remedy for seeking the relief of specific performance is barred by limitation, then ... limitation.
29. The learned Advocate for the appellant referred to a number of Decisions to hold that the limitation for suit for specific performance
prayer for for specific performance.
48. It is submitted by the learned senior counsel that the
averments for seeking specific performance of the development
agreement ... specific performance only on 30 th January
2006. He submits that the challenge to a letter of termination is in
aid of specific performance
cannot be argued that if a suit for
specific performance is filed within limitation then the suit would not be
maintainable. In a given case ... Article 54 of the Limitation Act provides limitation of 3 years for
filing a suit for specific performance of the agreement from the date
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cannot be argued that if a suit for
specific performance is filed within limitation then the suit would not be
maintainable. In a given case ... Article 54 of the Limitation Act provides limitation of 3 years for
filing a suit for specific performance of the agreement from the date
Page
suit for specific
performance of agreement in question against the defendants. It was alleged
that relief to claim specific performance of agreement was available ... suit for specific performance reads as under:
|54. |For specific |Three |The date of fixed for the |
| |performance of a |years |performance
part performance of agreement for sale
even after the suit for specific performance of contract for sale is barred by
limitation.
The argument of learned ... Limitation Act does not extinguish a
defence, but only bars the remedy. Since the period of limitation bars a suit
for specific performance
finding that the claim for the relief of
specific performance was barred by limitation. The plaint
contains not only a prayer for specific performance ... merely on a
finding that the prayer for specific performance of the
agreement was barred by limitation. In any event,
therefore, the dismissal
Court. Article 54 of the Limitation Act
provides a limitation of three years for instituting a suit for specific
performance of a contract. This period ... barred by limitation.
6. Section 16(C) of the Specific Relief Act lays down that specific
performance of a contract cannot be enforced in favour
