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Suits for Specific Performance

Limitation Act, 1963 – Article 54 – Suits for Specific Performance – When a date is fixed for the performance of the contract, then, the period of limitation begins to run from that date. When such a date is not fixed in an agreement to sell, then, refusal or breach by the vendor will start the clock ticking. G.T. Girish v. Y. Subba Raju [Supreme Court of India, 18 January  2022]

G.T. Girish v. Y. Subba Raju

Transfer of Property Act, 1882 – Section 52 – Lis Pendens – A transfer which is made lis pendens is not a void document. It does create rights as between the parties to the sale. The right of the party to the suit who conveys his right by a sale is extinguished. All that Section 52 of the Transfer Property Act provides is that the transfer which is made during the pendency of the proceeding is subjected to the final result of the litigation.