PUNJAB & HARYANA HIGH COURT: SECTION 20 OF SPECIFIC RELIEF ACT 1963. The conduct of the plaintiff in filing the suit in question after a period of eight years of execution of agreement and nonpayment of installments of compensation clearly indicate that he was not interested in specific performance of the agreement to sell. The circumstances of the instant case clearly indicate that delay to bring the present suit for some other ulterior motive is sufficient to disentitle the plaintiff to the relief of specific performance. After all, jurisdiction to decree specific performance under Section 20 of the Specific Relief Act is discretionary and I do not think that this is a case in which the discretion of the Court should have been exercised in favour of the plaintiff. The delay in filing the suit and conduct of plaintiff has defeated the rights of the plaintiff for specific performance of the contract. SUKHA SINGH VS BALWANT SINGH RSA No. 1540 of 1987: Decided On 30.05.2014
Posted on: Mon, 25 Aug 2014 11:50:36 +0000
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