Supreme Court of India · 1987-11-17
AJAIB SINGH vs GURBAX SINGH & ORS.
- Citation / case number
- SC 1987/71012
- Court
- Supreme Court of India
- Petitioner
- AJAIB SINGH
- Respondent
- GURBAX SINGH & ORS.
- Author
- SABYASACHI MUKHARJI
- Bench
- SABYASACHI MUKHARJI
Judgment text excerpt
The Supreme Court held that the Punjab and Haryana High Court improperly exercised its discretion by refusing to grant specific performance of a sale agreement without deciding the question of limitation under Article 54 of the Limitation Act. The Court found that the High Court's reasoning was based on incorrect principles, as the appellant had paid a significant portion of the sale price and had been in possession of the property. Consequently, the Supreme Court set aside the High Court's order and remanded the case for a merits decision on the limitation issue.