Was a specific calendar date fixed for performance?

Yes, indirectly. The agreement tied the sale deed to the event of mortgage redemption. That event fixed the date for performance.

Why did limitation become important?

Because the agreement was from 1965 and suit was later. If a date is fixed (even by event), limitation runs with reference to that.

The Supreme Court found for Ramzan (appellant). It set aside the Trial Court and High Court decisions.

What is the key legal takeaway?

A date for performance can be fixed by referring to a future event. When that event occurs, the obligation to perform arises.

Ramzan v. Hussaini AIR 1990 SC 529

Ramzan v. Hussaini — AIR 1990 SC 529

When is a date “fixed” for performance? Here, the contract used an event—mortgage redemption—to trigger the sale deed. The Court treated that as a fixed date.

Supreme Court of India 1990 AIR 1990 SC 529 Specific Performance ~6 min read

Author: Gulzar Hashmi · India · Published: 26 Oct 2025

Quick Summary

The parties agreed to sell a house on 23 June 1965. The land was under mortgage. The seller (Hussaini) was to execute the sale deed after redeeming the mortgage, which she did in 1970. She still did not execute the deed, so the buyer (Ramzan) sued for specific performance. The Supreme Court held that the performance date was fixed by reference to the event of redemption. The appeal by Ramzan succeeded; lower court decrees were set aside.

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Issues

Was a date fixed for performance, though no calendar date was written?
How does this affect the limitation plea and the remedy of specific performance?

Rules

Fixed Date by Event

A contract can fix a date for performance by tying it to a future event (here, redemption of the mortgage), even without a specific calendar date.

Limitation & Performance

Once the event occurs, the obligation to perform arises; limitation is tested with reference to that happening.

Facts (Timeline)

Timeline icons showing agreement, redemption and suit

23 Jun 1965: Parties enter a contract to sell a house; property is mortgaged.

Contract term: Seller to execute sale deed after redeeming the mortgage.

1970: Mortgage is redeemed by seller.

Post-1970: Despite demands, deed not executed.

Jul 1984: Buyer serves notice demanding specific performance.

Trial Court: Decrees for plaintiff; High Court confirms.

Supreme Court: Holds that date was fixed by event; allows appeal for Ramzan.

Arguments

Appellant (Ramzan)

Agreement fixed performance upon redemption; seller failed to perform.
Specific performance warranted.

Respondent (Hussaini)

Denied agreement and redemption.
Plea of limitation: 1965 agreement; suit time-barred.

Judgment

Held: The agreement fixed the date for executing the sale deed by referring to the event of mortgage redemption. The Supreme Court allowed the appeal and set aside the Trial Court and High Court decisions, finding in favour of Ramzan.

Effect: Performance became due on redemption; limitation and relief flow from that event.

Ratio Decidendi

A fixed date for performance can be event-linked. When the specified event occurs (here, redemption), the promise to execute the sale deed must be performed.

Why It Matters

Clarifies that no calendar date is needed if an event is specified.
Guides how courts see limitation when performance depends on an event.
Helpful in property contracts with mortgage redemption conditions.

Key Takeaways

Event = Date: Naming an event can fix time for performance.
After event: Duty to perform arises; delay can be fatal.
Specific performance: Courts enforce clear, event-based promises.

Mnemonic + 3-Step Hook

Mnemonic: “Event Sets the Date.”

Name the event in the contract.
When it happens, performance is due.
Act promptly to avoid limitation issues.

IRAC Outline

Issue

Was performance time fixed though no date was written?

Rule

A date may be fixed by an event; performance and limitation flow from that event.

Application

Sale deed to be executed after redemption. Redemption occurred in 1970 but deed not executed.

Conclusion

Date fixed by event; appeal allowed; buyer succeeds.

Glossary

Redemption of Mortgage: Clearing the loan secured on property; mortgage is brought to an end.
Specific Performance: Court order forcing a party to do what was promised in the contract.
Limitation: Time limit within which a suit must be filed.