Kanshi Ram vs Om Prakash Jawal & Ors on 15 April, 1996
The learned counsel for the appellant cited judgment of this court in
Kanshi Ram v. Om Prakash Jawal and Ors., reported in [1996] 4 SCC 593, and
submitted that rise - in price of the property during the pendency of the
suit should aslo be taken into consideration and the couts below ought to
have refused to decree the suit for specific performance and ought to have
exercised its jurisdiction in passing an order of granting alternative
prayer for damages. It is now submitted that at the Bar that the porperty
value has gone up several times and that if the property is sold it would
fetch more than Rs. 65-70 lakhs. We do not propose to go into the
correctness of this submission in regard to the valuation of the suit
property. To some extent, the delay is also attributable to the respondent
herein. Therefore, in our view, the appellant- defendant is to be suitably
compensated. We therefore, direct the respondent herein to pay the
appellant herein a sum of Rs.100,00/- (Rupees one lakh only) within three
months from today, failing which the suit filed by the respondent herein
for specific performance shall stand dismissed automatically. If the amount
is paid within the time as stipulated, the appellant herein shall execute
the sale deed in favour of the respondent herein without any further delay.
We also it make it clear that on excution of the sale deed, the appellant-
defendant shall also handover peaceful, vacant possession of the suit
property to the respondent herein. The appellant-defendant will be at
liberty to withdraw the amount, which has already been deposited by the
respondent in the Court.