In Brief
The appellants executed an Agreement to Sell with the respondents for a property, requiring the appellants to apply for permission to sell within eight days and intimating the respondents, who would then execute the deed within fifteen days. The appellants never applied for permission. The respondents filed suit for specific performance in 1981, over five years later, without giving notice. The Supreme Court held that the suit was barred by limitation. Once the eight-day period expired, the onus shifted to the respondents to act with diligence; they had three years to sue but waited much longer. The respondents' own pleadings lacked averment of readiness to pay and complete the transaction. The Court allowed the appeal, restored the trial court's dismissal, and ordered refund of earnest money with appreciation."
The lawyer headnote and full judgment text are available to registered users.