MAHBOOB PASHA ALIAS BASHAN JAN Vs. SYAD ZAHEERUDDIN

JUDGEMENT

(1.) This is a defendant's appeal against the judgment and decree of the VI Additional City Civil Judge, Bangalore City, in O.S. No. 10373 of 1980 dated 19-3- 1986 decreeing the suit of the plaintiffs for specific performance of the agreement of sale of immoveable property dated 10-8-1974 executed by the defendant in favour of the plaintiffs and for other incidental reliefs.

(2.) On service of notice regarding admission, the respondents entered appearance through a counsel. Thereafter the appeal came up for admission on 15-6-1987. As it appeared to us that the issue relating to limitation had not been prima facie decided correctly, it was made known to the learned counsel appearing for the parties that the appeal would be heard on the point of limitation as to whether the suit was filed in time. Accordingly, at request, the appeal was adjourned to 22-6-1987. Again on 22-6-1987, it was adjourned to today. The appeal was taken up for hearing in the forenoon to hear the learned counsel on the point of limitation. The learned counsel for the respondents is absent though the appeal was passed over even in the afternoon. In the circumstances, we have heard the arguments advanced by the learned counsel for the appellant- defendant and proceeded to pronounce our judgment.

(3.) The point for consideration is whether the trial court is justified in law in holding that the suit is not barred by time ?