KAILASH CHANDRA BANJARA Vs. NAND KISHORE BANJARA

JUDGEMENT

(1.) This revision petition has been preferred by the petitioner aggrieved against the order dated 22.02.2017 passed by the learned trial court, whereby the issue relating to the limitation has been decided as preliminary issue and it has been held that the suit was within limitation.

(2.) The suit for specific performance of agreement dated 24.12.2004 was filed by the respondents-plaintiffs on 27.05.2008 inter-alia with the averments that the plaintiff despite being ready and willing to perform his part of the contract, the defendant vendor was not executing the sale deed pertaining to the property in question. It was inter-alia claimed in the plaint that the cause of action arose on account of failure of the plaintiff to execute the sale deed despite notice.

(3.) The petitioner-defendant filed preliminary objection regarding maintainability of the suit, wherein it was claimed that the cause of action to the plaintiff arose from the date of execution of the agreement i.e. 24.12.2004 and as the suit was filed beyond three years from the said date, the suit was barred by limitation and therefore, the same was liable to be dismissed.