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    <title>2017 (9) TMI 1992 - HIMACHAL PRADESH HIGH COURT</title>
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    <description>In a specific performance dispute, limitation under Article 54 was held to run from the point when performance became due after redemption of the mortgaged property, not rigidly from the original agreement date, where the agreements and subsequent conduct showed repeated extensions and continued acknowledgment of the contract. Readiness and willingness under Section 16(c) was treated as established through prompt notices demanding execution of the sale deed and offering payment of the balance consideration at registration. The plaintiff&#039;s possession was also found to be referable to the agreement to sell rather than mere tenancy, as the agreements contemplated surrender of tenant possession in part performance.</description>
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      <title>2017 (9) TMI 1992 - HIMACHAL PRADESH HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=304726</link>
      <description>In a specific performance dispute, limitation under Article 54 was held to run from the point when performance became due after redemption of the mortgaged property, not rigidly from the original agreement date, where the agreements and subsequent conduct showed repeated extensions and continued acknowledgment of the contract. Readiness and willingness under Section 16(c) was treated as established through prompt notices demanding execution of the sale deed and offering payment of the balance consideration at registration. The plaintiff&#039;s possession was also found to be referable to the agreement to sell rather than mere tenancy, as the agreements contemplated surrender of tenant possession in part performance.</description>
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