Once Suit For Specific Performance Is Filed Within Period Of Limitation, Delay Cannot Be Ground For Refusing Relief

Cause Title – P. Daivasigamani v. S. Sambandan

AIROnline 2022 SC 536

SUPREME COURT

SANJIV KHANNA , J. and MS . BELA M. TRIVEDI , J.

CIVIL APPEAL - 9006 of 2011 D/- 12 - 10 - 2022

P. Daivasigamani v. S. Sambandan

(A)Specific Relief Act (47 of 1963), S.20 - Limitation Act (36 of 1963), Art.54 - Agreement to

sell - Suit for specific performance - Delay in filing - Mere delay alone in filing suit for specific

performance, without reference to conduct of vendee, could not be a ground for refusing said

relief, when suit was filed within statutory time limit by vendee.

 (Para 12) 

(B)Specific Relief Act (47 of 1963), S.20 - - (pre-amendment) -Specific performance -

Discretionary relief - Court while exercising discretion required to consider certain factors

including hardship to vendor as well as vendee.