Amit Rawal, J. - (1.) The appellants-plaintiff are aggrieved of the judgment and decree rendered by both the courts below vis-a-vis dismissing the suit for specific performance of the agreement to sell dated 18.01.1985 in respect of land measuring 54 kanals 11 marlas agreed to be sold for a total sale consideration of Rs.55,000/- on the ground of limitation.
(2.) Mr. G.S. Bhatia, learned counsel appearing on behalf of appellants-plaintiff submits that suit aforementioned was filed seeking specific performance of the agreement to sell in respect of land aforementioned on the premise that target date for execution and registration of the sale deed was 10.01.1986. At the time of agreement to sell, a sum of Rs.10,000/- was paid and possession was also delivered but however, on 02.11.1985, another sum of Rs.10,000/- and on 02.12.1985, sum of Rs.5,000/- was paid. Endorsement at the back of the agreement to sell was also made to this effect. On 10.01.1986, plaintiff remained present in the office of Sub Registrar but the defendants did not turn up to execute the sale deed. The defendants received the following payments from the plaintiffs after 10.01.1986:- JUDGEMENT_159_LAWS(P&H)11_2016_1.html
(3.) Last payment of Rs.5,000/- was made on 06.06.1989. The suit aforementioned was filed on 02.06.1992 i.e. within a period of three years from 06.06.1989.;