9911796707
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Issues:
- Interpretation of the deed of reconveyance and the stipulated time frame for performance - Application of the principle of time being the essence of the contract - Consideration of the limitation period for specific performance - Evaluation of the evidence regarding the respondent's attempt to seek reconveyance before the expiration of the limitation period Interpretation of the Deed of Reconveyance: The appellant had two sale deeds and an agreement of reconveyance with the respondent, stipulating a condition that the respondent must repay a specified amount within eight years to have the sale deed executed in her favor. The appellant contended that the suit was barred by limitation as the respondent did not fulfill this condition within the stipulated time frame. However, the Court held that unless the agreement stipulates a specific date for performance, time is not always considered the essence of the contract. The Court emphasized that the respondent had offered payment before the expiration of the reconveyance date, but the appellant refused to reconvey the property. Therefore, the Court concluded that the suit was filed within the limitation period from the date of refusal. Application of Time as Essence of Contract: The appellate Court had reversed the trial Court's decree, citing that time was the essence of the contract and since the respondent did not obtain reconveyance within the stipulated period, the suit was barred by limitation. However, the High Court reversed this decision, acknowledging that time was not the essence of the contract in this case. The High Court considered the circumstances leading to the respondent's approach for reconveyance and the appellant's conduct in refusing to execute the sale deed. The Court highlighted that the respondent had taken necessary steps within the limitation period, and the cause of action arose from the appellant's refusal to execute the sale deed. Therefore, the High Court correctly applied the law in this context. Limitation Period for Specific Performance: The High Court analyzed the limitation period for specific performance, emphasizing that the suit was filed within the limitation period from the date of refusal by the appellant. The Court noted that the respondent had approached the appellant before the expiration of the reconveyance date, but the appellant avoided the receipt of consideration and execution of the sale deed. By considering the relevant circumstantial evidence and the application of the law, the High Court concluded that the suit was timely filed and not barred by limitation. Evaluation of Evidence and Inference: The Court highlighted that the High Court drew proper inferences from the proved facts, which the appellate Court failed to do. The High Court correctly considered the material questions regarding the agreement of reconveyance, the respondent's performance of her part of the contract, and the appellant's conduct in refusing to execute the sale deed. By analyzing these aspects, the High Court concluded that the suit was filed within the limitation period, and there was no error of law in their decision. The Court emphasized that the suit was timely and dismissed the appeal accordingly, without any costs.
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