DWIJENDRA TRIPATHI Vs. SIMRANPREET SINGH

JUDGEMENT

(1.) The peculiarity of situation, which has emerged in the instant first appeal is altogether alien to the normal civil proceedings, which arises in a Suit for specific performance being Suit No. 157 of 2013 'Shri Dwijendra Tripathi vs. Simran Preet Singh and Others'. There are few undisputed facts between the parties, which are that the property in question as describe at the foot of plaint which was agreed to be sold was as quoted hereunder:

(2.) It was subject matter of an agreement for sale dtd. 6/10/2006 which was agreed to be sold by the predecessor of the respondent by execution of the agreement for sale in favour of the present appellant, as per the covenants of the agreement for sale, the basic interpretation for the purposes of resolving the dispute would be centering around the interpretation to the following clause of the agreement, which reads as under:

(3.) This particular clause is being interpreted in a different fashion by the parties to the First Appeal by the appellant. The interpretation is given by the plaintiff/appellant in the manner, so as to save himself from the implications, which may flow from Article 54 of the Limitation Act, whereas, on the other hand, the defendant/respondent has tried to read this particular clause in a fashion that in view of the dates specified in the clause quoted above, the limitations of Article 54, will come into play and the Suit which was instituted by the plaintiff, appellant herein, on 15/4/2013 for specific performance of the agreement for sale dtd. 06/10/2006 executed by the defendant in favour of plaintiff, would be barred by the provisions contained under Article 54 of the Limitation Act.