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november 1964

Supreme Court of India · 1964-11-24

MADAMSETTY SATYANARAYANA vs G. YELLOGI RAO AND TWO OTHERS

Citation / case number
SC 1964/90459
Court
Supreme Court of India
Petitioner
MADAMSETTY SATYANARAYANA
Respondent
G. YELLOGI RAO AND TWO OTHERS
Bench
SUBBARAO

Judgment text excerpt

The Supreme Court held that while mere delay in enforcing a contract does not automatically disentitle a plaintiff from seeking specific performance under Section 22 of the Specific Relief Act, the court retains discretion to refuse relief based on the circumstances of the case. In this instance, the plaintiff's delay of 7.5 months was not sufficient to deny the decree for specific performance, as there were no other prejudicial circumstances affecting the defendants. The High Court's decree for specific performance was upheld.

MADAMSETTY SATYANARAYANA vs G. YELLOGI RAO AND TWO OTHERS · Niyam