Supreme Court of India

Panchanan Ohara and Ors. v. Monmatha Nath Maity (dead) Th. Lrs. & Anr.

Neutral citation

Reported as [2006] SUPP. 2 S.C.R. 520

Bench S.B. Sinha and P.P. Naolekar JJ.

Decided 12 May 2006

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

5 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that the plea raised by the learned counsel for the Appellant that the suit was barred by limitation cannot be accepted as all the courts have arrived at a finding of fact that the period for execution of the deed of sale had been extended.

Judgment, page 14

From the headnote

Limitation Act, 1963-Article 54-Agreement for sale of immoveable property-Vendee requesting vendor to execute and register a sale deed in its favour and latter in response assuring them that it would do so--However, thereafter execution refused on the plea that it was barred by limitation-- Vendee filing suit for specific performance of agreement for sale-Bar of limitation-Held-Suit was not barred by limitation as courts below had given a finding of fact that period of performance of agreement has been extended, and in such a case, the time to file a suit shall be deemed to start running

Authorities it was built on

1989 Ramzan v. Smt. Hussaini cited by 8
1997 Venkappa Gurappa Hosur v. Kasawwa C/o. Rangappa Kulgod cited by 2
2000 Probodh Chandra Ghosh v. Urmila Dassi and Anr. cited by 2
1997 T.L. Maddukrishana and Anr. v. Smt. Lalitha Ramchandra Rao cited by 1

Where later benches applied it

2023 A. Valliammai v. K.P. Murali and Others relied on
2015 Fatehji & Company & Anr. v. L.M. Nagpal & Ors. referred to
2022 Nemai Chandra Kumar (d) Thr. Lrs. & Ors v. Mani Square Ltd. & Ors mentioned
2015 Nemai Chandra Kumar & Ors. v. Mani Square Ltd. & Ors. mentioned
2007 Janardhanam Prasad v. Ramdas mentioned

Of those, 1 relied on · 1 referred to · 3 mentioned

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