ALIMUN NISHA Vs. MD. SHAHEED AHMAD

JUDGEMENT

(1.) Heard Mr. Jai Prakash, learned senior counsel appearing on behalf of "the revisionist.

(2.) The order impugned is dated 7th December, 2010 passed by the Sub-Judge-1. Dhanbad in Title suit No. III of 2007, Md. Saheed Ahmad v. Smt. Alimun Nisha and Ors.. The suit for specific performance was instituted by the Plaintiffs against the Defendants and a preliminary objection with regard to the maintainability of the suit was raised on the ground of limitation as the suit was filed on 30th March, 2007 i.e. after eight years from the date of the alleged agreement dated 12th August, 1999.

(3.) Learned Counsel has placed the agreement and emphasised that only three months time was provided for acting upon the agreement. The Plaintiff did not honour the period of three months and did not do any Act on his part or showed any willingness to execute the sale-deed. Not only this, the period of three years provided under the Limitation Act has also lapsed long back and the suit has been instituted after eight years.