RAMZAN versus SMT. HUSSAINI

RAMZAN versus SMT. HUSSAINI

Where an agreement stipulates performance upon the occurrence of a certain event, such as the redemption of a mortgage, the date for performance is 'fixed' within the meaning of Article 54 of the Limitation Act, 1963, and limitation begins to run upon the happening of that event. Thus, the suit filed after the expiry of three years from the date of redemption is barred by limitation.

Parties
Appellant: Ramzan; Respondent: Smt. Hussaini
Jurisdiction
India
Judgment Date
24 November 1989
Procedural Posture
Civil Appeal / Appeal by Special Leave Before Supreme Court
Outcome
appeal allowed, respondent's suit dismissed
Legal Topics
Limitation, Specific Performance, Contingent Contract
Civil Law Contract Law Limitation Specific Performance Contingent Contract

Case Brief

Summary, issues, holding and outcome

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Parties

Ramzan

Appellant

Smt. Hussaini

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave Before Supreme Court

Legal Issues

  1. 1 When does the period of limitation begin for filing a suit for specific performance of a contingent contract under Article 54 of the Limitation Act, 1963?
  2. 2 Was the date for performance 'fixed' under the agreement for the purposes of Article 54?

Ratio Decidendi

Where an agreement stipulates performance upon the occurrence of a certain event, such as the redemption of a mortgage, the date for performance is 'fixed' within the meaning of Article 54 of the Limitation Act, 1963, and limitation begins to run upon the happening of that event. Thus, the suit filed after the expiry of three years from the date of redemption is barred by limitation.

Court Disposition

appeal allowed, respondent's suit dismissed

Orders

  • Impugned judgments of the High Court and trial court set aside.
  • Suit for specific performance dismissed.