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2000 Supreme(SC) 108

N.S.HEGDE, V.N.KHARE
Bhagwandas Fatechand Daswani – Appellant
Versus
H. P. A. International – Respondent


Order

The defendant-appellants, who are the subsequent purchasers, are in appeal. This appeal is directed against the judgment of Madras High Court dated 24th January, 1994 whereby the decree for specific performance of the agreement passed by the trial Court was affirmed.

2. On 26th June, 1977 respondent No. 2 entered into an agreement with first respondent herein, for transfer of his life interest in the property in dispute. On 29.12.79. respondent No. 2 transferred the rights in favour of the defendant-appellants who are the subsequent pruchasers for consideration of Rs. 4.40 lakhs. Under such circumstances, plaintiff-respondent No.1 brought a suit for specific performance, which was decreed by the trial Court and the appeal preferred to the High Court was dismissed. It is in this way the defendant-appellants are before us.

3. Learned Attorney General appearing for the appellants urged that, before the High Court, the hearing of the appeal was concluded on 22nd March, 1999 but the judgment was delivered on 24th January, 1994—nearly five years after the hearing was concluded, and this long delay in delivery of judgment by itself is sufficient to set aside the judgment under appeal.







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