DESH RAJ Vs. SATWANT SINGH

JUDGEMENT

(1.) The defendants, in a suit for grant of decree for possession by way of specific performance of the agreement to sell, assails the findings of fact arrived at by the First Appellate Court while decreeing the suit. The trial Court dismissed the suit being barred by limitation. It is pertinent to note here that the appellants (successors-in-interest of late Sh.Desh Raj) remained ex parte before the trial Court. Some facts are required to be noticed.

(2.) The plaintiff has filed a suit with specific assertion that the predecessor-in-interest of the defendants agreed to sell a plot measuring 550 square yards, vide a written agreement to sell dtd. 8/1/1987, on receipt of the entire sale consideration of ₹24,000/-. In the said agreement to sell, no time, period or date for getting the sale deed registered was agreed upon. In the year 1989, the land was the subject matter of compulsory acquisition and it has been released from the acquisition in the year 2014. Thus, the plaintiff filed a suit on 30/7/2014 asserting that he requested the defendants to execute the sale deed, but without any positive result.

(3.) As already noticed, the appellants (successors-in-interest of late Sh. Desh Raj) did not opt to contest the suit. The trial Court dismissed the suit on the ground that the suit is barred by limitation. Whereas the First Appellate Court, on re-appreciation of the evidence, has held that Part-II of Article 54 of the Schedule to the Limitation Act, 1963 (hereinafter referred to as "the 1963 Act") is applicable in the present case and therefore, the period would begin to run only when the plaintiff has notice that the performance is refused.