Home » 2012 » December 2012 » 03 December 2012 » Suit for Specific Performance – decreed

Suit for Specific Performance – decreed

Suit for Specific Performance — agreement of sale — suit decreed for specific performance of the agreement by trial court  — High Court set aside order — appeal — suit filed by the plaintiff was well within time — the Plaintiff No.1 was, at all times, ready and willing to perform his part of the contract and it is the defendant who had defaulted in the execution of the sale agreement — held the twin inhibiting factors of the long efflux of time (over 40 years) that has occurred and the galloping value of real estate if read as a bar to the grant of a decree of specific performance would amount to penalizing the plaintiffs for no fault on their part — impugned order of the High Court set aside and the suit for specific performance of the agreement decreed in favour of the plaintiffs — appeals allowed.

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