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november 1987

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.

AJAIB SINGH vs GURBAX SINGH & ORS. · Niyam