Supreme Court · 2005 INSC 518 · Decided 21 October 2005
S. Brahmanand and ORS. v. K.R. Muthugopal (D) and ORS.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 518 · [2005] SUPP. 4 S.C.R. 461
- Case number
- CIVIL APPEAL No. 6202/2004
- Decided
- 21 October 2005
- Bench
- B.N. SRIKRISHNA, C.K. THAKKER (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Contract Act Section 63; Limitation Act Section 54, 3
Headnote
B Limitation Act, 1963: Article 54-Suit for specific performance-Plaintiff entered into an agreement with defendant for sale of suit property on l 0. 3. I 989-The original C agreement dated 10.3.1989 had a ''fixed date" for performance-However, defendant made a request vide letter dated performance- In 1992, plaintiff was put in possession of the suit property-However, during the night of 31.8.1995 possession of the suit property was forcibly taken over D by the defendant-Trial court decreed the plaintiff's suit for specific performance holding that the suit filed on I 5.9.
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