SUBHASH CHANDER KATHURIA Vs. UMED SINGH

JUDGEMENT

(1.) The plaintiff has filed the instant suit for specific performance, possession and permanent injunction. He is seeking specific performance of Agreement to Sell dated 27th July, 1988 (hereinafter referred to as `the Agreement'). As per the plaintiff, vide this Agreement the defendants agreed to sell agricultural land measuring 34 bighas 1 biswas, particulars whereof are given in para 1 of the plaint, for a total consideration of Rs.20,92,656/-. A sum of Rs. 2 lacs was given as earnest money. The suit was filed on 16th February, 1999. The defendants have contested the suit by raising various pleas on merits as well as objections to the maintainability of this suit. On 27th September, 2004, following issues were framed which would reflect the nature of disputes raised by the defendants:

(2.) Issues No.1 and 2 were treated as the preliminary issues. I have heard learned counsel for the parties on these two issues and my findings are as under: Issue No.1 : Re: Limitation

(3.) As pointed out above, the Agreement is dated 27th July, 1988 and the suit is filed in the year 1999. As per Article 54 of the Limitation Act (for short `the Act') period for filing a suit is three years from the date of cause of action. From which date three years' period needs to be counted is the bone of contention. I may first reproduce this Article: "54. For specific performance of a contract Three years The date fixed for the performance, or if no such date is fixed, when the plaintiff has notice that performance is refused."