ROJASARA RAMJIBHAI DAHYABHAI vs JANI NAROTTAMDAS LALLUBHAI (DEAD)BY LRS. & ANR.

The Supreme Court held that an agreement to sell contains an implied covenant for the vendor to take necessary actions to effectuate the agreement, including obtaining permission for property transfer under the Specific Relief Act, 1877, Section 13. The Court ruled that since the vendor failed to obtain the requisite permission, the agreement became incapable of performance, thus upholding the trial court's decision that the suit was barred by limitation under the Limitation Act, 1963, Article 113. The Court emphasized the applicability of the doctrine of 'feeding the estoppel' in this context.