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    <title>2013 (9) TMI 1320 - MADRAS HIGH COURT</title>
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    <description>A purchaser under an agreement for sale has a statutory charge under Section 55(6)(b) of the Transfer of Property Act, 1882 for advance money paid and interest, and a suit to enforce that charge for refund is governed by Article 62 of the Limitation Act, 1963, not Article 54. Article 54 applies to specific performance claims, whereas enforcement of the charge for repayment of purchase money falls within the 12-year limitation for money secured by a charge on immovable property, running from when the money became due. On the stated facts, the suit was filed within that period and was therefore within time.</description>
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    <pubDate>Tue, 10 Sep 2013 00:00:00 +0530</pubDate>
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      <title>2013 (9) TMI 1320 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=461465</link>
      <description>A purchaser under an agreement for sale has a statutory charge under Section 55(6)(b) of the Transfer of Property Act, 1882 for advance money paid and interest, and a suit to enforce that charge for refund is governed by Article 62 of the Limitation Act, 1963, not Article 54. Article 54 applies to specific performance claims, whereas enforcement of the charge for repayment of purchase money falls within the 12-year limitation for money secured by a charge on immovable property, running from when the money became due. On the stated facts, the suit was filed within that period and was therefore within time.</description>
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      <pubDate>Tue, 10 Sep 2013 00:00:00 +0530</pubDate>
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