BHAT NAGARKAR DEVELOPERS Vs. DILIP DHONDIBA GAIKWAD

JUDGEMENT

(1.) The Appeal is filed by the original Plaintiff against an order and judgment dated 26th February 2014 on one of two preliminary issues framed under Section 9A of the Code of Civil Procedure 1908 ("CPC"). Before the learned Judge in a suit for specific performance for sale of land, the Defendants raised two preliminary issues. The first was of a statutory bar inter alia under the Bombay Tenancy & Agricultural Lands Act 1948 and the Bombay Inferior Village Vatan Act 1958. On that issue, the Plaintiff succeeded. The Defendants have not appealed.

(2.) The Defendants also raised a plea of limitation saying that the suit for specific performance of the Agreement dated 11th November 2005 was barred by limitation. The Agreement in question is of 11th November 2005. It pertained to Survey No. 10 Hissa No. 1 of revenue village Wadgaon, Taluka Haveli, District Pune. This is a tract of land of about 56 Ares, just over half a hectare. The Plaintiff's case was that since Defendants Nos. 7 and 8 were finding it difficult to develop the land they entered into an Agreement for Sale dated 11th November 2005. Defendants Nos. 1 to 3 and another party interested in the land were also parties to the Agreement. The consideration was Rs. 1,25,00,000/-. The Plaintiff paid the stamp duty charges. In the plaint, there is a tabulation below paragraph 4 showing how the payments were made between 2005 and, according to the Plaintiff, right until 2010. The Plaintiff's claimed that this Agreement for Sale was confirmed by a subsequent Deed of Confirmation dated 9th February 2007. Then come paragraphs 7 and 10 and, for the purposes of limitation, these are the crucial paragraphs of the plaint. They read thus:

(3.) Defendants Nos. 1 and 2 filed a Written Statement. There is a denial although it is somewhat cryptic saying only that the contentions in paragraphs 7, 8, 9 and 10 of the plaint are denied.