Supreme Court · 2006 INSC 61 · Decided 2 February 2006
R.K. Parvatharaj Gupta v. K.C. Jayadeva Reddy
- Court
- Supreme Court of India
- Citation
- 2006 INSC 61 · [2006] 1 S.C.R. 1059
- Case number
- CIVIL APPEAL No. 937/2006
- Decided
- 2 February 2006
- Bench
- S.B. SINHA, P.K. BALASUBRAMANYAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Limitation Act Section 54; Specific Relief Act
Headnote
Limitation Act, 1963-Article 54-Suit for specific performance of contract filed after a period of three years from date of expiry of 15 days specified in notice, if barred by limitation-Held: Though time for performance c was not fIXed in sale agreement, but purchaser had notice that performance contract within 15 days of receipt of notice-On facts, it was clear that purchaser was not ready and willing to perform his part of contract-Thus, in terms of Article 54 suit should have been filed within three years from date of expiry of 15 days specified in notice-Thus as such suit barred by
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