Sunday, 23 February 2020

Whether it can be held that plaintiff was ready and willing to perform his part of contract if he fails to get sale deed executed through court?

On a detailed consideration of the evidence on record, the Courts below have come to the conclusion that the clauses in the Agreement have neither been amended nor varied. Merely because the Defendants were pursuing the application filed for permission before the L & DO, it cannot be said that the date fixed for performance of the Agreement stood extended. We agree with the findings of the Courts below that the suit ought to have been filed within three years from 31.03.1975 which was the date that was fixed by the Agreement. The submission made on behalf of the Plaintiffs that part II of Article 54 of the Schedule to the Limitation Act applies to this case and that the suit was filed within limitation as the refusal by the Defendants was only in the year 1987 is not acceptable. Moreover, the Plaintiffs have not performed their part of the Agreement within a reasonable period. As per the Agreement, the Plaintiffs were given the right to get the sale deed executed through the Court in case of failure on the part of the Defendants to execute the sale deed by 31.03.1975. The Plaintiffs filed the suit 12 years after the date fixed for performance. It is relevant to refer to the judgment of this Court in K.S. Vidyanadam v. Vairavan MANU/SC/0404/1997 : (1997) 3 SCC 1 wherein it was held as follows:

Even where time is not of the essence of the contract, the Plaintiffs must perform his part of the contract within a reasonable time and reasonable time should be determined by looking at all the surrounding circumstances including the express terms of the contract and the nature of the property

12. The silence maintained by the Plaintiffs for about 12 years amounted to abandonment of the Agreement and we approve the finding in this regard made by the Trial Court.

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 2525 of 2019 

Decided On: 06.03.2019

 Urvashi Aggarwal Vs.Kushagr Ansal 


Hon'ble Judges/Coram:
L. Nageswara Rao and Mohan M. Shantanagoudar, JJ.

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