Mrs.A.Kanthamani(Defendant) vs Mrs.Nasreen Ahmed(Plaintiff) on 27 October, 2006
"From perusal of the decisions referred above, it appears that it has been held by the Honourable Judges of the Supreme Court that merely on the ground of delay,the relief for specific performance of contract cannot be refused but if the conduct of the plaintiff is such which is directly responsible in inducing the defendant to change his position to his prejudice then in that situation the relief for specific performance of contract which is a discretionary relief cannot be granted. So, in my view, the conduct of the plaintiff will be important in this case to decide -whether the relief for specific performance of contract for sale can be granted to him or not. It is the admitted case of the plaintiff that the sale deed in question was executed by original defendant Atma Ram Singh on 18.4.1973 (although the defendant Atma Ram Singh has denied this execution). It is also admitted fact that on that date the sale deed could not be presented before the Registrar for registration and the original defendant Atma Ram Singh handed over the said sale deed to the plaintiff and promised to register the sale deed on the next date but then the plaintiff never became ready for registering the same. Thus, it is clear that on 18.4.1973 itself the possession of the sale deed was transferred to the plaintiff but the plaintiff did not take any attempt to get it compulsorily registered within a period of four months, as provided under Section 23 of the Registration Act and even after expirty of the said period the plaintiff never tried to apply before the registering authorities for condoning the delay under the provisio of Section 25 of the Act. He also did not try to get any summons or notice served upon the original defendant Atma Ram Singh asking him to register the documents.