To determine whether the first or second part of Article 54 will be applicable, the court will have to see whether any time was fixed for performance of the agreement to sell. I f no time is fixed for performance, court will determine date on which there was notice of refusal on the part of the other side to perform the contract (Para 21)

Distinction between refusal and forbearance (Para 24)

Refer also: S Brahmanand vs KR Mutugopal

See also: Limitation - Section 9 Contracts - Section 63

PDF: A Valliammai vs KP Murali, (2023) 12 SCR 183.pdf

Web Link: URL of judgment