Tejram vs Patirambhau on 3 April, 1997
22. The learned Counsel for the Appellants placed reliance on the
decision of the Honourable Supreme Court in the case of Tejram vs.
Patirambhau reported in AIR 1997 Supreme Court 2702. In the said case, the
purchaser was a money lender who paid Rs.48,000/- out of Rs.50,000/- and the
balance sum of Rs.2,000/- was to be paid. However, he kept quiet for 3 years
without paying the balance sum and thereafter filed the suit. The Honourable
Supreme Court held that it is one of the doubtful conducts of the Plaintiff who
kept quiet for the period to lapse and therefore directed the Defendant therein
to pay the advance amount and the relief of specific performance was declined.