Order No: 2                                                                             Date:31/05/2023

Ld. Advocate of Petitioner/O.p. and Ld. Advocate of O.p./complainant are present. Today is fixed for hearing of the M.A. case. O.p./complainant files W/O. Copy served. Both the sides are ready through their respective Ld. Advocates for hearing of the M.A. case. Ld. Advocate of petitioner/O.p. submitted that the instant complaint case No.35/2021 is non-maintainable being barred by limitation. In course of his submission he further mentioned that the agreement for sale was executed on 1^st June, 2013 and in the said agreement it is mentioned that the agreed property will be delivered within 12 months from the date of agreement which ended on 31^st May, 2014. He further added that there was no communication and/or transaction between the parties from June, 2014.

Ld. Advocate for O.p./complainant vehemently opposed the content of submission made by the Ld. Advocate of petitioner/O.p. and submitted that petitioner/O.p. has received payment from O.p./complainant on date as late as on 26/11/2019 in respect of the said flat. Copy of bank statements annexed to the complaint also support the submission of O.p./complainant. Further O.p./complainant mentioned that she has sent legal notice on 09/11/2020 which remains unanswered by the petitioner/O.p.

Both sides being heard in full, we are of the considered opinion that continuity of cause of action flows through last date of received of payment and also the date of sending legal notice to petitioner/O.p. The complaint case was filed on 01/02/2021 which is well within the prescribed time period from the date of sending legal notice to the petitioner/O.p.

In view of above the complaint case holds good enough and pass the test of limitation very well.

Hence, the instant M.A. case stands rejected.

The instant M.A. case is disposed off accordingly.

Dictated & corrected by me.

Member