Judgment

Srinivasan, J.-Leave granted.

2. It is very unfortunate that a summary suit filed under Section 6 of the Specific Relief Act 1963 by the respondent herein has been dis­posed of by the trial Court without understanding the law relating to such suits. Besides, the trial Court has also overlooked material evidence on record raising some erroneous pre­sumptions. Moreover, the trial Court has granted a relief in the decree which could not have been granted in a suit under Section 6 of the Specific Relief Act and which was not in fact prayed for by the respondent in his plaint. The judgment of the High Court in revision petition filed by the appellant herein under Section 115 C.P.C. is no better. It has confirmed the judgment of the trial Court without con­si­dering the aforesaid matters. We have no hesitation to point out at this stage that the judgments of both the courts are totally unsatis­factory if not perverse. As the litigation has already been pending for more than 13 years, it is not proper to remand the matter for fresh consideration. Hence, we have gone through the entire evidence on record by perusing the original record ourselves for disposing of these appeals finall