1. This second appeal is directed against the judgment and decree of the Second Additional Judge, City Civil Court, Madras in A.S.No.446 of 1987 rendered on 12. 1988.

2. Thesuit was filed by the plaintiff for direction to the defendant to execute the sale deed in favour of the plaintiff and for permanent injunction. The suit was dismissed by the trial court and on appeal, the lower appellate court while holding that the plaintiff is not entitled to the enforcement of the agreement, however, found that the plaintiff is entitled to protect her possession under Sec.53-A of the Transfer of Property Act. No appeal was preferred against the said finding by the defendant, who ought to be aggrieved by the said judgment. Therefore, it is unnecessary to be considered whether in the circumstances, such a decree passed by the lower appellate court is tenable in law.

3. At the time when the appeal was admitted, the following substantial question of law was formulated for consideration:

“Whether the courts below were right in denying the plaintiff the relief of specific performance merely on the ground of delay, when no prejudice could be caused to the other side”.

4. Learned counse