AIR 2020 GUJARAT 173 ::AIROnline 2020 Guj 407

Gujarat High Court

Hon'ble Judge(s): A. J. Desai , J

(A) Limitation Act (36 of 1963) , Art.54— Specific Relief Act (47 of 1963) , S.20— Specific performance - Bar of limitation - Agreement for sale - Agreement stipulating condition that validity of agreement was 30 months from date of execution of agreement subject to other conditions - It further provides that original owners required to get permission to convert land from new tenure land to old tenure land - Failure of defendants to produce documents showing suit land was converted nor documents supplied to plaintiff - It shows no date fixed for performance of contract - Condition in agreement also providing for plaintiff would be entitled for filing suit for specific performance if there is delay on part of original land owners to abide conditions recorded in agreement - Suit was filed immediately after receiving refusal response from defendants - Suit not barred by limitation. (Para 14 15 17 19) (B) Contract Act (9 of 1872) , S.55— Specific performance - Time as essence of contract - Time is not essence of contract when period mentioned for execution of sale deed subject to fulfillment of other conditions. (Para 15) ....