JAGGO BAI Vs. BALBIR SINGH

JUDGEMENT

(1.) The defendant is in second appeal aggrieved against the judgment and decree passed by the Courts below whereby the suit filed by the plaintiffs for specific performance of the agreement to sell dated 10.07.1995 was decreed holding that the plaintiffs were willing and ready to perform their part of the contract.

(2.) The sole argument raised by the learned Counsel for the appellant is that the suit has been filed after one year and eight months of the date fixed for execution of the sale deed and, therefore, the plaintiffs are not entitled to the decree for specific performance of the agreement. He has relied upon the judgments of the Supreme Court reported as K.S. Vidyanadam and Ors. v. Viaravan. , and Pushparani S. Sundaram and Ors. v. Pauline Manomani James (deceased) and Ors. .

(3.) The judgment of Hon'bie Supreme Court in K.S. Vidyanadam's case (supra) has come up for consideration in V. Pechimuthu v. Gowrammal , Veerayee Ammal v. Seeni Ammal and Swarnam Ramachandran (Smt) and Anr. v. Aravacode Chakungal Juyupalan .