SHIV CHAND SHUKLA Vs. DILIP SINGH

JUDGEMENT

(1.) FEELING aggrieved by the order/judgment dated 19.8.2010, passed by learned Third Additional District Judge. Sagar in CS No 16A/2009 dismissing the suit of plaintiff -appellant only on the point of limitation, this first appeal under section 96 CPC has been filed by the plaintiffs.

(2.) NO exhaustive statements of fact are required to be narrated for the purpose of disposal of this appeal. Suffice it to say that a suit for specific performance of contract was filed by plaintiffs -appellants in regard to agricultural land (description whereof has been mentioned in the plaint) which is the subject matter of the suit, has been filed by the plaintiff. According to the plaint averments, the document of agreement of sale dated 18.3.2001 was executed between the parties in regard to the suit property but despite the plaintiffs are ready to purchase the suit property, the defendant did not turn up and has only sold a part of land mentioned in the document of agreement of sale dated 18.3.2001. It is also pleaded in the plaint that only a part of land which was agreed to be sold has been sold vide registered sale deed dated 3.8.2001 to the plaintiffs and in the plaint as well as in the document of sale deed dated 3.8.2001, it has been mentioned that remaining part of the land, which has been mentioned in the document of agreement of sale, would be sold to the plaintiffs as and when the plaintiffs would ask the defendant to get it sold. Since despite repeated reminders and by sending registered notice by post, the defendant did not execute the sale deed, therefore the present suit for specific performance of the contract had been filed by the plaintiffs.

(3.) THE learned trial Court framed necessary issues, however, the issue pertaining to limitation was treated as preliminary issue and by deciding the said issue, against the plaintiffs it was found that suit is barred by limitation as a result of which the learned trial Court dismissed the suit. In this manner, this appeal has been filed by the plaintiffs.