RAMZAN Vs. HUSSAINI

JUDGEMENT

(1.) SPECIAL leave is granted.

(2.) THIS appeal arises out of a suit filed by the respondent against her brother, the appellant, for specific performance of an alleged contract of sale dated 23-6-1965 in respect of a house. The property was under a mortgage and according to the plaintiff, case, the defendant had agreed to execute a deed of sale on the redemption of the mortgage by her, which she did in 1970. In spite of her repeated demands the defendant failed to respect the agreement which necessitated the institution of the suit.

(3.) THE plaintiff served a notice in July 1984 demanding specific performance before filing the suit. It has been contended on behalf of the appellant that since the alleged agreement is said to have been executed in June 1965, the suit is barred by limitation, and alternatively, even counting the period of limitation from the alleged redemption in 1970, the suit has been filed after more than 14 years, that is, long after the expiry of three year's period prescribed under Article 54 of the Limitation Act. THE High Court has rejected the argument holding that since the cause of action of the suit was dependent on the redemption of the mortgage and no period was fixed within which it was necessary for the respondent to have redeemed the mortgage, it cannot be said that a date was 'fixed' within the meaning of the third column of Article 54, which reads thus.- <FRM>JUDGEMENT_104_1_1990Html1.htm</FRM>