The provision of Article 113 of the Limitation Act, 1908 mandates that in the cases where date is fixed for the performance of the contract in the agreement itself then...............

 The provision of Article 113 of the Limitation Act, 1908 mandates that in the cases where date is fixed for the performance of the contract in the agreement itself then three years period will commence from the date so mentioned therein and if no such date is fixed then from the date the buyer had noticed that the performance was refused. There was no issue of title, the seller was considered to be owner of the property and competent to sell the same and as per terms the transaction was to be completed through mutation or sale deed till 15.10.2002. Being so the case would fall in the first part of Article 113 of the Limitation Act, 1908 in terms thereof suit could be filed till 14.10.2005 which was filed on 30.7.2008. The arguments that the case would fall in the second part of the Article is devoid of any legal reason.

C.R . No. 20075 of 2023
Mazhar Hussain and others Versus Mst. Jantan Bibi
27.3.2023