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This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on personal bars to relief in specific performance of contract.
Calcutta High Court determined that the compromise decree indicated that the vendors-defendants (respondent 2 and 3) do not have title to the property.
“In case where the language of the decree is capable of two interpretations, the interpretation which favours the advancement of the decree by getting its execution is to be preferred.”
The Supreme Court was unimpressed with the explanation given by the plaintiff for the delay of 853 days that he initially fell sick with Jaundice and was later confined to house with High Blood Pressure, Diabetes and other diseases. The petition had extension of time to deposit the balance sale consideration of Rs. 15,00,000/-.
Supreme Court: In a case where a plaintiff had sought for permanent injunction without applying for the substantive relief of specific performance
Supreme Court: The bench of Deepak Gupta and Aniruddha Bose, JJ, while deciding the question whether a vendee who does not perform