Supreme Court of India · 2018-12-14
URVASHIBEN vs KRISHNAKANT MANUPRASAD TRIVEDI
- Citation / case number
- SC 2018/30155
- Court
- Supreme Court of India
- Petitioner
- URVASHIBEN
- Respondent
- KRISHNAKANT MANUPRASAD TRIVEDI
- Author
- HON'BLE THE CHIEF JUSTICE
- Bench
- HON'BLE MR. JUSTICE R. SUBHASH REDDY HON'BLE THE CHIEF JUSTICE
Judgment text excerpt
The Supreme Court upheld the High Court's decision allowing the respondent-plaintiff's appeal against the trial court's rejection of the plaint in Civil Suit No.930 of 2017. The Court clarified that the suit for specific performance of the Agreement to Sell dated 13.03.1992 was not barred by limitation, as the limitation period under Article 54 of the Limitation Act, 1963 begins from the date of refusal to execute the Sale Deed. The Court emphasized that the plaintiff's claim was valid as he had only recently discovered the defendants' refusal to execute the Sale Deed after visiting the property in May 2017.