AIR 2012 UTTARAKHAND 100

Uttarakhand High Court

Hon'ble Judge(s): B. S. Verma , J

(A) Limitation Act (36 of 1963) , Art.54— Suit for specific performance of contract and possession - Limitation - Agreement of re-conveyance was for ten years from 7-9-1959 when agreement was executed - Thus, there was time up to 4-9-1969 - Limitation would run from date of refusal to execute sale deed in favour of plaintiffs, transferee of re-conveyance rights - Suit filed on 22-8-1969 was within reasonable time of limitation since lastly vendee refused to execute sale-deed in year 1969. AIR 1998 SC 3021, (2002) 4 ALD 779 and AIR 2009 SC 2193, Distg. (Para 18) (B) Specific Relief Act (47 of 1963) , S.16, S.20— Agreement to reconvey - Specific performance - Readiness and willingness - Evidence that transferee of right of re-conveyance was always ready and willing to perform his part of agreement to get sale deed executed on basis of deed of reconveyance - Notices also served by him upon vendee to execute sale deed - Discretionary powers rightly exercised by Court in granting relief of specific performance. (Para 22) (C) Transfer of Property Act (4 of 1882) , S.10— Right of repurchase - Agreement to reconvey property within ten years executed between vendor and vende....