Wednesday, 5 June 2019

Whether limitation for filing suit for specific performance of contract will be extended if there is cloud on the title of defendant?

Similarly, the justification put forth by the plaintiffs that the defendants did not have a clear title and therefore in view of pendency of Regular Civil Suit No. 1208 of 2004 the plaintiffs could not have sought specific performance of the agreement in question also cannot be accepted. As noted above, on the First Part of Article 54 of the Act of 1963 being applied, the limitation would expire by 01.07.2001. Regular Civil Suit No. 1208 of 2004 has been filed in September-2004 much after expiry of the period of three years even from 01.07.2001. Moreover, under Section 9 of the Act of 1963 once the time begins to run, it would continue to run till the completion of the prescribed period and no subsequent disability or inability to institute a suit would stop the same. Hence, when the period of limitation commenced from 02.07.1998, it terminated on the expiry of the period of limitation and the plea that there was a cloud on the title of the defendants or that they were not in a position to convey valid title cannot save the plaintiffs from the operation of the rigors of the period of limitation as prescribed. Hence, the aforesaid contentions raised on behalf of the plaintiffs cannot be accepted.

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)

Second Appeal Nos. 457 and 458/2015

Decided On: 03.09.2018

Arvind  Vs.  Baba Jasbirsing Kalsi and Ors.


Hon'ble Judges/Coram:
A.S. Chandurkar, J.

Citation: AIR 2019(NOC) 160 Bom.

Read full judgment here: Click here
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