AIR 2011 KARNATAKA 58 ::2011 (1) AIR Kant HCR 615 ::(2011) 4 ICC 360 ::(2011) 3 KCCR 2345 ::(2011) 2 Kant LJ 620

Karnataka High Court

Hon'ble Judge(s): Anand Byrareddy , J

(A) Contract Act (9 of 1872) , S.29, S.31— Karnataka Prevention of Fragmentation and Consolidation of Holdings Act (1 of 1967) , S.5— Contingent contract - Enforceability - Agreement had prescribed time for performance as date of repeal of Fragmentation Act - There was no specific pleading or evidence that parties were contiguous owners and sale was permissible under Fragmentation Act - Transfer of fragment being expressly prohibited - Contract is void ab initio being in violation of Act, 1966 - Is also in contemplation of repeal of Fragmentation Act, an uncertain event - Contract is not enforceable. (Para 8) (B) Limitation Act (36 of 1963) , Art.54— Suit for specific performance of agreement of sale - Limitation as to - No time specified for performance of contract - Sale deed was to be executed upon repeal of Karnataka Prevention of Fragmentation and Consolidation of Holdings Act - Act repealed on 5-2-1991 - Admittedly plaintiff made several demands for performance of contract after repeal of Act - Even if it was assumed that repeal of Act was an uncertain event and time cannot be said to run immediately upon its repeal - And if such date is construed as late as on 27-10-1992 - Suit having been filed on 28-10-1995 - Barred by limitation - Finding of Court that time would run from date of....