A buyer and seller signed an agreement to sell land on 3 September 2001, requiring the sale deed to be…
Article 54 of the Schedule allows three years from the date fixed for performance. Six calendar months after 3 September 2001 is 3 March 2002. Section 15(1) excludes time…
Choose your answer
A buyer and seller signed an agreement to sell land on 3 September 2001, requiring the sale deed to be executed within six months. In another appeal, the owner was restrained from alienating the land from 3 March 2003 to 28 September 2006. The order did not prevent the buyer from filing a suit for specific performance. How is limitation calculated under the Limitation Act, 1963?
Answer and explanation
Correct answer A
Article 54 of the Schedule allows three years from the date fixed for performance. Six calendar months after 3 September 2001 is 3 March 2002.
Section 15(1) excludes time when an injunction or order stays institution of the suit. This order left the buyer free to sue, so its duration is counted.
Option feedback
Option A
The six-month deadline fixes 3 March 2002. The order did not stay institution of the buyer's suit, so section 15(1) does not exclude that time.
Option B
Section 15(1) does not exclude the interval because the order left the buyer free to institute this suit.
Option C
Expiry of the order does not supply a fresh starting date under Article 54.
Option D
Article 54 starts time from the fixed date for performance, which falls six months after signing.
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Madhya Pradesh Judicial Services
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CUET PG Law (LL.M.)
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