A agreed to sell his house to B, but the agreement fixed no date for performance. B later sent A a…

Article 54 of the Schedule to the Limitation Act, 1963 prescribes a period of three years for a suit for specific performance of a contract, running from the date fixed for performance or, if no such date is fixed, from when the plaintiff has notice that performance is refused. As no date was fixed, time runs from when B received notice of A's refusal.

Neither the date of the agreement nor the date of B's own demand is a refusal, so time does not run from either; and the absence of a fixed date does not remove the limitation period but only shifts its starting point to notice of refusal. A suit filed within limitation is then decided under section 10 of the Specific Relief Act, 1963, under which the court shall enforce specific performance subject to sections 11(2), 14 and 16.