AIR 1959 BOMBAY 468 ::60 Bom LR 788 ::ILR (1959) Bom 1168

Bombay High Court

Hon'ble Judge(s): Vyas, Miabhoy , JJ

Limitation Act (9 of 1908) , Art.97, Art.113— Agreement to sell land - Suit for specific performance or in alternative for refund of money - Agreement becoming unenforceable by reason of S.63 and S.64 of Bombay Act (67 of 1948) - Starting point of limitation under Art.97 - Plaintiff whether entitled to interest on such amount - Tenancy Laws - . Bombay Tenancy and Agricultural Lands Act (67 of 1948) , S.63, S.64— Specific Relief Act (1 of 1877) , S.19— Civil P.C. (5 of 1908) , S.34— Interest Act (32 of 1839) , S.1 Proviso— Defendant 1 agreed to sell certain lands to the plaintiff for a sum of Rs. 25,000/- within four months of the date of agreement viz. 30-12-1945; Rs. 22,500 were paid to deft. 1 and the remaining amount was to be paid at the time of execution of the sale deed. By a subsequent agreement dated 26-4-1946 the time limit for execution of the sale deed was extended and it was agreed that the sale deed would be executed within 4 months of the date when deft. 1 would obtain possession of the lands from a third person against whom a decree for possession had been obtained. The plaintiff filed a suit on 19-2-1951 for specific performance of the agreement or in the alternative for refund of the consideration or for recovery of the said amount by way of damages on the allegation that defendant had obtained possession of the land by the en....