BHAGWANDAS FATECHAND DASWANI Vs. HPA INTERNATIONAL

JUDGEMENT

(1.) 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 29-12-1979, respondent No. 2 transferred the rights in favour of the defendant-appellants who are the subsequent purchasers 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, 1989 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. Learned Attorney General has also relied upon decision of this Court in the case of Kunwar Singh v. Sri Thakurji Maharaj, (1995) 4 Suppl. SCC 125. At present, we are not deposed to go into this broad question as urged by the learned Attorney General. However, it is correct to this extent that long delay in delivery of judgment gives rise to unnecessary speculations in the mind of parties to a case. Moreover, the appellants whose appeals have been dismissed by the High Court may have the apprehension that the arguments raised at the bar have not been reflected or appreciated while dictating the judgment - nearly after five years. This is fairly not disputed by learned senior counsel, Shri K. Parasaran, appearing for respondent No. 1. We, therefore, on this short question, set aside the judgment under appeal without expressing any opinion on the merits of the case and remit the case to the High Court for deciding the appeal afresh, on merits. In view of the fact, that the matter has been pending for a considerable period of time, we request the High Court to decide the matter expeditiously, if possible, within six months.