2012 AIR CC 1938 (AP) ::AIR 2012 (NOC) (SUPP) 1017 (A.P.) ::AIR 2012 (NOC) (SUPP) 920 (AP) ::(2012) 3 AndhLD 432

Andhra Pradesh High Court

Hon'ble Judge(s): L. Narasimha Reddy , J

(A) Limitation Act (36 of 1963) Art. 54 — Specific Relief Act (47 of 1963), S 16 — Suit for specific performance of agreement of sale — Bar of limitation — Agreement to sell executed on 31-3-1984 — Vendor who was said to have executed deed died on 30-1-1994 — Plea of purchaser that he demanded to execute sale deed during lifetime of vendor — No suit filed by purchaser when vendor was alive — However filed suit after 6 years of his death — Suit barred by limitation (Para 13)

(B) Specific Relief Act (47 of 1963) S. 16 — Agreement to sell — Capacity to enter into contract — Property was originally purchased by wife of vendor — On her death, property devolved in equal shares upon her husband, sons and daughters — Thus vendor would not have capacity to enter into agreement to sell with purchaser (Para 14)

(C) Specific Relief Act (47 of 1963) S. 16 — Equitable relief of specific performance of agreement to sell — Cannot be granted in favour of person who is not consistent in his version (Para 15)