USHA DEVI & ORS. versus RAM KUMAR SINGH & ORS.

USHA DEVI & ORS. versus RAM KUMAR SINGH & ORS.

Where an agreement to sell fixes a specific date for performance, the three-year limitation under Article 54 runs from that date and a separate clause declaring the agreement valid for a longer period does not extend the period for instituting a suit for specific performance.

Parties
Appellant: Usha Devi & Ors.; Respondent: Ram Kumar Singh & Ors.
Jurisdiction
India
Judgment Date
05 August 2024
Procedural Posture
Civil Appeal / On Appeal From High Court Judgment to the Supreme Court
Outcome
Appeal allowed; impugned order set aside; suit dismissed.
Legal Topics
Specific Performance, Limitation, Article 54 of the Limitation Act, 1963, Agreement to Sell, Date of Performance
Civil Procedure Contract Law Property Law Limitation Law Specific Performance Limitation Article 54 of the Limitation Act, 1963 Agreement to Sell +1 more

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Parties

Usha Devi & Ors.

Appellant

Ram Kumar Singh & Ors.

Respondent

Procedural Posture

Civil Appeal / On Appeal From High Court Judgment to the Supreme Court

Legal Issues

  1. 1 Whether the suit for specific performance was barred by limitation under Article 54 of the Limitation Act, 1963
  2. 2 Whether a clause stating the agreement would be valid for five years extends the period for instituting a suit beyond three years from the date fixed for performance

Ratio Decidendi

Where an agreement to sell fixes a specific date for performance, the three-year limitation under Article 54 runs from that date and a separate clause declaring the agreement valid for a longer period does not extend the period for instituting a suit for specific performance.

Court Disposition

Appeal allowed; impugned order set aside; suit dismissed.

Orders

  • Impugned order dated 14.12.2022 of the High Court set aside
  • Suit for specific performance dismissed