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april 2008

Supreme Court of India · 2008-04-21

Ahmadasahab Abdul Mulla (D) By Proposed ... vs Bibijan & Ors

Citation / case number
AIR 2008 SC (SUPP) 1828
Court
Supreme Court of India
Petitioner
Ahmadasahab Abdul Mulla (D) By Proposed ...
Respondent
Bibijan & Ors
Author
Arijit Pasayat
Bench
Arijit Pasayat, Tarun Chatterjee

Judgment text excerpt

The Supreme Court upheld the Karnataka High Court's decision allowing the Second Appeal under Section 100 CPC for specific performance of a contract, emphasizing that the limitation period was appropriately calculated under Section 14 of the Limitation Act, 1963. The Court clarified that the pendency of a prior suit questioning the title did not bar the current suit, aligning with the precedent set in Lakshminarayana Reddiar v. Singaravelu Naicker. The Court affirmed that the plaintiffs were entitled to specific performance as the suit was filed within the permissible time frame.

Ahmadasahab Abdul Mulla (D) By Proposed ... vs Bibijan & Ors · Niyam