TMI Blog1996 (3) TMI 553X X X X Extracts X X X X X X X X Extracts X X X X ..... transferring the schedule property. On the later data, i.e., July 20, 1968, an agreement of reconveyance was also executed by the appellant with a stipulation that in the event of the respondent repaying ₹ 5000/- within eight years from that date in one lump sum, she would be entitled to have the sale deed executed and registered in her favour. It is the case of the respondent that before t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thin the limitation but Thimmappa had avoided the receipt thereof. The appellate Court reversed the decree on the finding that the time is the essence of contract. The deed of reconveyance stipulates eight years period from the date of execution of the sale deed and since the respondent had not obtained reconveyance within that period, the period of limitation expired by efflux of time. Therefore, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed from the respondent and there was an agreement of reconveyance on condition that the respondent should return the consideration paid under the sale deeds, viz., ₹ 5,000/- within eight years from that date. The appellant had gone to the extent of even denying the executing of reconveyance. Therefore, the High Court has gone into the question of the probability of the respondent approachin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... receipt of the consideration and execution of sale deed, the respondent had no occasion to approach an advocate to get the notice issued asking the appellant to be present before before the Sub-registrar for execution of sale deed under Article 54 of the Schedule to the Limitation Act 21 of 1963, limitation for specific preference begins to run from the date fixed in the contract or from the date ..... X X X X Extracts X X X X X X X X Extracts X X X X
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