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Head Note

The Code of Civil Procedure, 1908  - Order II Rule (2) , The Limitation Act, 1963  - Article 54

Specific Performance - First suit for permanent injunction on the behalf of possession by agreement to sale - Another suit for specific performance - During the suit amendment for cancellation of sale deed executed by defendant No. 2 in the favour of defendant No. 1 which was allowed - Trial court Dismiss both the suit - First appellate court allowed the both appeal - When no date was fixed in the agreement - Limitation begin when the plaintiff has noticed that the defendant has refuse the performance - SLP Dismissal with direction (AIR 1954 SC 75) defendant No.2 is liable to refund Rs. 4 lacs to defendant No. 1.

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