AJAIB SINGH Vs. GURBAKHASH SINGH AND OTHERS

JUDGEMENT

(1.) THE point in issue here is with regard to limitation for the filing of the present suit for specific performance. The controversy being whether the First and the Second parts of the third column of Article 54 of the Limitation Act, 1963 applies. This Article reads as under: <FRM>JUDGEMENT_58_LAWS(P&H)7_1988.htm</FRM>

(2.) THE relevant facts here are that on February 23, 1960, Mukand Singh, the predecessor -in -interest of the Defendants executed an agreement in favour of the Plaintiff Ajaib Singh for the sale of 32 kanals of land for Rs. 5,5000/ -. As regards the performance, the agreement provided that the sale deed would be executed with in one month of the vacation of the stay of registration of sales in the village.

(3.) SUCH being the circumstances, the question arises whether the starting point of limitation for the filing of the present suit is to be taken to be February 11, 1970 when the stay order was vacated by the Supreme Court, or November 19. 1970 when a proclamation was made in the village regarding the vacation of the stay order or as canvassed by the Plaintiff from August 22, 1973 when the Defendants refused to perform the agreement.