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september 1972

Supreme Court of India · 1972-09-14

DR. JIWAN LAL & ORS. vs BRIJ MOHAN MEHRA & ANR.

Citation / case number
SC 1967/13
Court
Supreme Court of India
Petitioner
DR. JIWAN LAL & ORS.
Respondent
BRIJ MOHAN MEHRA & ANR.
Bench
DWIVEDI, S.N.

Judgment text excerpt

The Supreme Court held that the respondents' obligation to sell the property was not contingent upon the non-requisitioning of the property, as the clause regarding requisition was solely for the benefit of the appellants. The Court established that the appellants could unilaterally waive the condition precedent related to requisitioning. Furthermore, the delay in filing the suit for specific performance was not detrimental to the respondents, as the appellants had not abandoned their rights and were justified in waiting for the outcome of the requisition appeal. The trial court's decree was restored, allowing specific performance of the contract.

DR. JIWAN LAL & ORS. vs BRIJ MOHAN MEHRA & ANR. · Niyam