T MUNIYAPPA Vs. H ESHWARASA

JUDGEMENT

(1.) This is a defendant's appeal challenging the judgment and decree of the Trial Court granting decree of specific performance in respect of the agreement dated 30-10-1985. For the sake of convenience the parties in this appeal would be referred to by their rankings as they are arrayed in the suit before the Court below:

(2.) The brief facts of the case are as follows.--

(3.) The learned Counsel appearing for the appellant/defendant contended the Trial Court erred in granting decree of specific performance of the contract though the suit is hopelessly barred by limitation inasmuch as it has been filed 19 years after the execution of the agreement of sale. Nextly, he contended that in view of the provisions of the Act which was in force, the agreement of sale which is void ab initio could not have been enforced. He further contended as the grant of relief for specific performance is a discretionary power vested in the Court, that discretion has to be exercised judiciously well-within the time. As the same has not been done in this case, the Trial Court has committed an error in decreeing the suit. He further contended the Trial Court without appreciating the evidence and the documents placed on record in the right perspective has granted the relief contra to the material on record and therefore, the impugned judgment and decree cannot be sustained, it be set aside by allowing the appeal.