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Smt. Swaraj Chopra vs. Smt. Shanti Devi (since deceased, through LRs) & Ors.

Regular Second Appeal · 2026:DHC:8802Decided 6 Oct 2026New Delhi Bench
RSA 75/2026CNR: DLHC010155542026
Justice Neena Bansal Krishna

Background

The appellant sought to enforce an Agreement to Sell signed back in 2001, but only sent her formal demand for the sale deed in 2017, roughly 16 years later, and filed her lawsuit more than a decade after she was deemed to have learned of a competing claim (a Relinquishment Deed) over the property.

Decision Breakdown

The Court held that even though the agreement fixed no exact deadline for performance, the law still expects enforcement within a "reasonable" period, and under Article 54 of the Limitation Act a suit must be filed within three years of being refused performance or gaining notice of an adverse claim. Since both the demand and the lawsuit came far beyond any reasonable or statutory limitation period, the suit, and this second appeal, were rightly dismissed as time-barred.

Lesson Learnt

Delaying enforcement of a property sale agreement for many years, even without a fixed deadline in the contract, can permanently bar your right to sue: courts will not indefinitely protect a claim that sits unused.

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