SATINDER PAL SINGH AND OTHERS Vs. TARLOCHAN SINGH

JUDGEMENT

(1.) The present appeal directs challenge against the judgment and decree dated 13.7.2017 passed by the Additional District Judge, Gurdaspur whereby appeal preferred by the respondent/plaintiff against the judgment and decree dated 29.8.2014 passed by the trial court dismissing suit of the plaintiff has been allowed and suit for specific performance was ordered to be decreed.

(2.) The sole submission made by counsel for the appellants is that the respondent/plaintiff filed suit for specific performance in respect of agreement dated 19.4.1991 purportedly entered into by Nirmal Singh son of Charan Singh but as the suit was filed in the year 2010, after about 19 years of the alleged agreement, the same is clearly barred by limitation. It is argued that the respondent/plaintiff was entitled to seek specific performance of the agreement within a period of three years from the date of execution of the agreement.

(3.) The Court in Appeal has negated contention of the appellants with regard to suit being barred by limitation, in view of its observations recorded in para 13, quoted thus:-