- When does the limitation period for a suit for specific performance commence if no date for performance is fixed in the agreement?
- Does the burden of proving the date of refusal to perform a contract lie on the plaintiff in a suit for specific performance?
- Is a suit for specific performance maintainable if the plaintiff fails to prove the date of refusal to perform within the statutory limitation period?
Question search
40 judgments answering questions like “specific performance limitation”
- Does the first part of Article 113 of the Limitation Act 1908 apply only when time is of the essence of the contract?
- When does the limitation period for a suit for specific performance commence if a specific date for performance is mentioned in the agreement?
- Can a party rely on the second part of Article 113 of the Limitation Act 1908 when the agreement contains a specific date for performance?
and 1 more question settled by this judgment
- When does the period of limitation begin to run for filing a suit for specific performance of a contract to sell immovable property where the vendor's own title is pending finalization?
- Can a defendant simultaneously plead that a suit for specific performance is both premature and barred by limitation?
- Does the pendency of litigation regarding a vendor's title suspend the cause of action for a subsequent vendee seeking specific performance?
- Does the mere fixation of a specific date in an agreement for sale make time the essence of the contract?
- When does limitation begin to run for a suit for specific performance under Article 113 of the Limitation Act, 1908?
- Under what circumstances is a plaintiff not entitled to obtain a decree for specific performance of a part of a contract pursuant to Section 15 of the Specific Relief Act, 1877?
and 1 more question settled by this judgment
- Does the limitation period for a suit for specific performance commence from the date fixed for performance in the agreement, even if time is not expressly made the essence of the contract?
- Can a court order the refund of earnest money under Section 65 of the Contract Act 1872 when a suit for specific performance is dismissed as time-barred?
- Does the existence of pending litigation regarding a property automatically toll the limitation period for filing a suit for specific performance?
- Does the 30-day limitation period under Section 77 of the Registration Act 1908 apply to a suit for specific performance?
- When does the limitation period for a suit for specific performance begin if no specific date for performance is fixed in the contract?
- Is it legally permissible for a trial court to decide a suit based solely on a preliminary issue of limitation without addressing the remaining issues?
- When does the period of limitation begin to run for a suit for specific performance of a contract where no specific date is fixed for performance?
- Can a plaintiff succeed in a suit for specific performance on the basis of weaknesses in the defendant's case?
and 2 more questions settled by this judgment
- Does the doctrine of 'time being of the essence' affect the statutory period of limitation for a suit for specific performance?
- When a date is fixed for the performance of a contract, does the limitation period for a specific performance suit run from that date or from the date of refusal?
- Does the pendency of litigation involving a third party automatically extend the limitation period for a suit for specific performance?
and 1 more question settled by this judgment
- Whether a contract is specifically enforceable under the Specific Relief Act, 1877, if its performance is contingent on the outcome of litigation extending beyond three years?
- Can a vendee seek partial specific performance under Section 15 of the Specific Relief Act, 1877, without explicitly relinquishing claims to the remaining portion of the land and compensation?
- What is the limitation period for filing a suit for specific performance of an agreement to sell under Article 113 of the Limitation Act when a target date is fixed but litigation is pending?
and 1 more question settled by this judgment
- Does the limitation period for a suit for specific performance commence only upon the refusal of the vendor to perform?
- Can a party who remains indolent for years and fails to seek specific performance within a reasonable time maintain a suit for specific performance?
- Does the phrase "very soon" in a contract allow for an indefinite period for the performance of contractual obligations?
- Is a suit for specific performance filed as a counter-blast to rent proceedings maintainable when there is an inordinate delay in seeking enforcement?
- Can a court grant specific performance under Order 7 Rule 7, Code of Civil Procedure 1908 when the limitation period for filing such a suit has expired?
- Does the doctrine of part performance under Section 53A, Transfer of Property Act 1882 require that the possession be exclusively referable to the contract?
- Is a party seeking specific performance required to prove readiness and willingness under Section 16, Specific Relief Act 1963 even if the relief is granted as a discretionary measure?
- Does the execution of a mortgage deed acknowledging a prior agreement to sell automatically extend the time for performance and the limitation period for filing a suit for specific performance?
- When does time become the essence of the contract in a suit for specific performance of an immovable property agreement?
- Is a suit for specific performance maintainable when the plaintiff-vendee fails to perform their part of the contract or approach the court within a reasonable time?
and 1 more question settled by this judgment
- What is the limitation period for filing a suit for specific performance of an agreement of sale when no date for execution is fixed in the agreement?
- Does the limitation period for specific performance commence from the date of the agreement or from the date of refusal or denial?
- Is a suit for declaration maintainable without seeking specific performance when based on an agreement of sale?
- Is the production of the original agreement to sell a prerequisite for a suit for specific performance?
- Does the failure to implead an agent who executed an agreement to sell render a suit for specific performance incompetent?
- Can a suit for specific performance succeed in the absence of privity of contract between the plaintiff and the vendor?
- Is a suit for specific performance barred by limitation if filed more than three years after the vendor executes a sale deed in favor of a third party?
- What is the starting point of limitation for a suit for specific performance when no date for performance is fixed in the agreement to sell?
- Does an amendment of a plaint seeking the alternative relief of specific performance relate back to the date of the institution of the suit?
and 2 more questions settled by this judgment
- Whether a suit for specific performance of an agreement to sell is barred by time when the vendee remains in continuous possession under the agreement and has no notice of refusal of performance by the vendor?
- Does the limitation period for specific performance commence from the date of the agreement or from the date of refusal to perform?
- Can a party who denies the very existence of a registered agreement to sell successfully plead limitation against the opposite party?
- Is a suit for specific performance maintainable when an agreement to sell explicitly provides for a specific monetary penalty in case of the vendor's failure to execute the sale deed?
- Does an agreement to sell that limits the remedy for breach to the return of double the earnest money preclude a claim for specific performance?
- Can a party maintain a suit for specific performance if the underlying agreement to sell does not contain a condition entitling the vendee to such relief upon the vendor's default?
- Does the limitation period for specific performance run from the date of the issuance of proprietary rights or from the date of refusal to perform the contract when no specific date for performance is fixed?
- What is the burden of proof on a subsequent vendee claiming protection as a bona fide purchaser for value without notice under the Specific Relief Act 1877?
and 1 more question settled by this judgment
- Does a contractual stipulation to perform an agreement within a week constitute a 'date fixed' for the purposes of Article 113 of the Limitation Act 1908?
- Is a suit for specific performance barred by limitation if the vendor's title to the property is subject to a pending third-party claim?
- Does the limitation period for a suit for specific performance commence when the vendor's title is under a cloud of litigation?
- Can a defendant successfully invoke the bar of limitation under Article 113 of the Limitation Act 1908 without proving an unequivocal refusal to perform the contract?
- Does the limitation period for specific performance under Article 113 of the Limitation Act 1908 commence from the date fixed for performance in the agreement, even if time is not of the essence?
- Does the first part of Article 113 of the Limitation Act 1908 apply to all agreements for sale where a specific date for performance is mentioned?
and 1 more question settled by this judgment
- Whether a plaintiff, after withdrawing a suit for specific performance, can institute a fresh suit for the recovery of earnest money paid under the agreement?
- Does Order II Rule 2 of the Code of Civil Procedure 1908 bar a subsequent suit for the recovery of earnest money when the earlier suit was solely for specific performance?
- What is the applicable article and starting point of limitation for a suit filed for the recovery of earnest money paid upon an agreement to sell that failed to materialize?
- Do Sections 19 and 29 of the Specific Relief Act 1877 prohibit an independent suit for the recovery of earnest money after the termination of a specific performance claim?
- Does a suit for specific performance of a contract filed seven years after the agreed performance date violate Article 113 of the Limitation Act 1908?
- Does a party's failure to deposit the remaining sale consideration upon filing a suit for specific performance disentitle them to discretionary relief?
- Can a court reject a plaint for specific performance under Order VII Rule 11 CPC where the claim is time-barred and the party defaulted on contract deadlines where time was of the essence?
- Can a receipt of payment constitute a valid and enforceable agreement for specific performance?
- When does the limitation period commence for a suit for specific performance under Article 113 of the Limitation Act 1908 where no date for performance is fixed?
and 1 more question settled by this judgment
- Whether the period of limitation for a suit for specific performance commences when the vendor acquires title to the property in question?
- Can a defendant simultaneously raise pleas that a suit is both premature and barred by limitation?
- When does the cause of action for specific performance of an agreement to sell arise in cases where the vendor's own title is contingent upon pending litigation?
- Is it the bounden duty of a court to take notice of the question of limitation even if it is not raised in defense?
- Does the pendency of collateral litigation automatically extend the period of limitation for filing a suit for specific performance in the absence of an injunctive order?
- What is the prescribed period of limitation for filing a suit for specific performance of a contract?
and 1 more question settled by this judgment
- When does the limitation period for a suit for specific performance begin if no specific date for performance is fixed in the contract?
- Can a suit for specific performance be dismissed as time-barred solely by looking at the date of the agreement, without considering the cause of action described in the plaint?
and 3 more questions settled by this judgment
- Does an agreement to sell contingent upon the issuance of a Permanent Transfer Deed by the Settlement Department fall under the first part of Article 113 of the Limitation Act, 1908?
- Can the maxim 'id certum est quod certum reddi potest' be applied to determine a 'date fixed for performance' under Article 113 of the Limitation Act, 1908 when performance depends on a discretionary future event?
- When does time begin to run for filing a suit for specific performance of a contract where no specific date for performance is fixed?
- Which article of the Limitation Act, 1908 governs the first application for execution of a decree for specific performance?
- Can a decree-holder be penalized for failing to deposit the balance sale consideration within a specific time when the original decree is silent on the timeframe?
- When does the period of limitation begin to run for filing an execution petition in a specific performance suit where possession is already with the decree-holder?
and 1 more question settled by this judgment
- Whether a suit for specific performance is time-barred when no specific date for performance is fixed in the agreement and the suit is filed within a week of the defendant's refusal?
- Whether a suit for specific performance is barred when the defendant fails to prove the alternative plea of tenancy?
and 1 more question settled by this judgment
- Does the existence of a mortgage on a property suspend or extend the limitation period for filing a suit for specific performance of an agreement to sell?
- From which date does the limitation period commence under Article 113 of the Limitation Act, 1908, when a specific date is fixed for the performance of a contract?
and 2 more questions settled by this judgment
- Does publication of a notice of refusal in a newspaper constitute sufficient service of notice to trigger the limitation period for a specific performance suit?
- Can a court grant specific performance of a contract where the plaintiff has demonstrated a lukewarm attitude toward the transaction?
- What is the burden of proof for a subsequent purchaser claiming to be a transferee for value without notice under the Specific Relief Act 1877?
and 1 more question settled by this judgment
- Can a plaintiff maintain a suit for specific performance if they have remained indolent for an unreasonable period after the execution of an agreement to sell?
- Does the limitation period for a suit for specific performance start from the date of refusal if the plaintiff has failed to act within a reasonable time?
- Can a suit for specific performance be dismissed for inordinate delay even if time was not originally of the essence in the contract?
- Whether a suit for specific performance is maintainable if the plaintiff has already divested their interest in the subject property?
- Does the principle of res judicata bar a suit for specific performance when an earlier unchallenged judgment has already determined ownership of the property?
- Is a suit for specific performance of a contract time-barred if filed decades after the agreement, under the Limitation Act, 1908?
and 1 more question settled by this judgment
- Whether a suit for specific performance of a contract is barred by limitation if filed beyond three years from the date fixed for performance in correspondence?
- Can correspondence between parties establish a fixed date for the performance of a contract to start the running of limitation?
- Whether leave to appeal should be granted to re-examine concurrent findings on the question of limitation based on documentary evidence?
- Is the plea of part performance under section 53-A of the Transfer of Property Act 1882 subject to the period of limitation prescribed for a suit for specific performance?
- Whether the doctrine of part performance is available as a shield to a person who has failed to institute a suit for specific performance of an agreement of sale within the limitation period?
and 2 more questions settled by this judgment
- Does the filing of a rent ejectment application amount to a refusal to perform an agreement of sale for the purpose of starting the limitation period under Article 113 of the Limitation Act 1908?
- What constitutes a valid and sufficient notice of refusal under the second part of Article 113 of the Limitation Act 1908 for a suit for specific performance?
- Can an appellate court reverse findings on merits without assigning reasons while disposing of an appeal on a preliminary point of limitation under Order XLI Rule 31 of the Code of Civil Procedure 1908?
- How should the starting point of limitation be determined under Article 113 of the Limitation Act 1908 when no specific date for performance is fixed in the contract?
- Whether a suit for specific performance is barred by limitation if filed more than three years after the date stipulated for performance?
- Can a party claim specific performance if they have failed to perform their own contractual obligations?
and 2 more questions settled by this judgment
- Whether a suit for specific performance filed decades after the date fixed for performance in the agreement is barred by limitation?
- Can oral evidence be given to prove the extension of time fixed in a written contract for specific performance?
- Is it obligatory for the court to examine the point of limitation under Section 3 of the Limitation Act, 1908, even without an objection from the parties?
and 1 more question settled by this judgment
- Is a suit for specific performance barred by time if filed more than three years after the date fixed for performance under the agreement?
- Is a plaintiff who fails to pay the balance consideration within the stipulated time entitled to the specific performance of a contract?
and 2 more questions settled by this judgment
How this works. Each question below was written by an AI reading the judgment, and records a point that judgment settles. Questions are not grouped by meaning: legally opposite questions can look almost identical to a machine, so we show you what each judgment actually says and let you judge. Always read the judgment before citing it.