Supreme Court of India · 2001-10-30
Antonysami vs Arulanandam Pillai (D) By Lrs & Anr
- Citation / case number
- AIR 2001 SUPREME COURT 2967
- Court
- Supreme Court of India
- Petitioner
- Antonysami
- Respondent
- Arulanandam Pillai (D) By Lrs & Anr
- Author
- D.P.Mohapatra
- Bench
- D.P. Mohapatra, K.G. Balakrishnan
Judgment text excerpt
The Supreme Court addressed the issue of limitation concerning the execution of a decree for specific performance under the Specific Relief Act. The Court held that the decree became enforceable only when the judgment-debtor fulfilled the condition of measurement and demarcation, which occurred in 1973, thus allowing the execution petition filed in 1980 to be within the limitation period. The Court overturned the High Court's ruling that the execution petition was barred by limitation, establishing that the timeline for enforcement is contingent upon the fulfillment of conditions set in the decree.