In Brief
Madina Begum purchased agricultural land from Gulab Bai under an agreement to sell dated 3 September 2001, which stipulated the balance payment and property transfer within six months. After Gulab Bai's death in January 2002, her executors refused to execute the sale deed. Madina sued for specific performance in 2008. The trial court found the suit within the limitation period of three years. The High Court reversed, holding it barred by limitation under Article 54 of the Limitation Act. The Supreme Court held that Article 54's 'date fixed for performance' requires a specific calendar date, not a general period like 'six months'. Since none was specified, limitation began only when performance was refused. The Court also held that appellate courts must decide all issues on merits, not just preliminary points. The appeal was allowed and the matter remanded.
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