Limitation Act, Article 54. (Suit for specific performance)
Raghuvir Singh Bhatty Vs. Ram Chandra Waman Subhedar reported in AIR 2002 Allhabad, 13,
(A) Limitation Act (36 of 1963), Art. 54 – Suit for specific performance of contract – Limitation – Permission of ceiling authority, pre-requisite for execution of sale deed – sale deed to be executed only after intimation to purchaser of grant of permission – Notice by vendor to purchaser that contract had frustrated on account of refusal to grant permission by Ceiling Authority – Limitation would start running from service of notice.
(B) Specific Relief Act (47 of 1963), Ss. 20, 16 – Discretion of Court – Permission of Ceiling Authority, pre-requisite for execution of sale deed – Refusal of permission by authorities – Contract frustrated on account of failure to obtain permission – Subsequent repeal of Ceiling Act – Legal hurdle of impossibility in enforcing contract thus removed – Decree for specific performance can be passed.
