Case Brief : Bhagwandas Fatechanci Daswani & ors. Vs. HPA International and ors. on 13 January, 2000

Deciding Authority : Supreme Court
Date of Judgement : 13/01/2000
Bench : V.N.Khare, N.Santosh Hegde
Facts : On 26th June,1977 respondent No.2 entered into an agreement with first respondent therein, for transfer of his life interest in the property in dispute.On 29.02.1979, respondent No.2 transferred the rights in favour of the defendant-appellants who are the subsequent purchasers for consideration of Rs.4.40 lakhs. Under such circumstances, plaintiff-respondent No. I brought a suit for specific performance, which was decreed by the trial court and the appeal preferred to the Hight Court was dismissed.
Judgement : However, it is correct to this extent that long delay in delivery of judgment gives rise to unnecessary speculations in the mind of parties to a case. Moreover, the appellants whose appeals have been dismissed by the High Court may have the apprehension that the arguments raised at the bar have not been reflected or appreciated while dictating the judgment- nearly after five years.
The Bench, therefore, on this short question, set aside the judgment under appeal without expressing any opinion on the merits of the case and remit the case to the High Court for deciding the appeal afresh, on merits. In view of the fact, that the matter has been pending for a considerable period of time, the bench request the High Court to decide the matter expeditiously, if possible, within six months.
Held : Appeal Allowed.
By Tejasv Anand , IV th Year , AMITY LAW SCHOOL,DELHI.