Case Law Analysis
|Madras High Court
Advance Refund Claim Barred by Article 113 Limitation Act When Sale Not Completed | Sale Agreement Dispute : Madras HC
The Madras HC held that a claim for refund of a Rs 2 lakh advance under a 2004 sale agreement is barred once the three-year period under Article 113 of the Limitation Act lapses. Since Section 55(6)(b) of the Transfer of Property Act creates a charge only after sale completion, buyers must sue within that window or forfeit the advance.