BHAGWANDAS FATECHAND DASWANI AND ORS.

H.P.A. INTERNATIONAL AND ORS.

JANUARY 13, 2000

[V.N. KHARE AND N. SANTOSH HEGDE, JJ.J

Code of Civil Procedure, 1908 : Order XX Rule I.

Judgment-Long delay in delivery-Effect of c Respondent No. 2 entered into agreement with respondent No. I for transfer of property-Thereafter reJpondent No. 2 tramfe"ed the rights in favour of appellant~-Suit for specific perfonnance filed by reJpondent No. 1 decreed by trial court-Appeal before High Court-Judgment delivered by High Court after five years of conclusion of hearing of appeal-Appeal before D Supreme Court-Question whether long delay in delivery of judgment is sufficient to set aside the impugned judgment left open--However, long delay in judgment gives rise to unnecessary Jpecu/ation in the mind of partie~-Ap pellants may have apprehension that arguments raised at bar have not been reflected while dictating judgment-Impugned judgment set aside-Matter E remitted to High Court for decision afresh on merits.

Kunwar Singh & Ors. v. Sri 1hakurji Maharaj, [1995] Supp. 4 SCC 125, referred to.

CIVIL APPELLATE JURISDICTION : Civil Appeal No. 7386 of

F 1994.

From the Judgment and Order dated 24.L94 of the Madras High Court in O.SA. No. 202 of 1988.

G Soli J. Sorabjce, Attorney General, H.N. Salve, S. Ganesh, P.H.

Pan:kh, Amit Dhingra, Jayesh Dolia, Harish, Y. Shankar, Sameer Parekh, V. Balaehandran, Raju Ramaehandran, Joseph Pookkat, RA. Perumal, N.C. Ramesh and N.S. Varadaehari for the appellants.

K. Parasaran, V. Balachandran S. Aravindh, Santhil Jagadeesan, V.

H Rama Subramaniam and T .K. Sharedri for the Respondents. 254

B. F. DAS W ANI v. H.P .A INTERNATIONAL 255

The following Order of the Court was delivered :

The defendant-appellants, who are the subsequent purchasers, arc in appeal. This appeal is directed against thi: judgment of Madras High Court dated 24th January, 1994 when:by the dt:cree for spi:cific performance of the agreement passed by the trial court was affirmed.

On 26th June, 1977 respondent No. 2 entered into an agreement with first ri:spondcnt hi:rcin, for transfer of bis life interest in the property in dispute. On 29.12.79, respondent No. 2 transferred the rights in favour of the dt:fendant-appellants who are the subsequent purchasi:rs for consideration of Rs. 4.40 lakhs. Under such circumstances, plaintiff-respondent No. 1 brought a suit for specific performance, which was decreed by the trial court and the appeal preferrt:d to the High Court was dismissed. It is in this way the ddendant-appellants are before us.

Learned Attorney Gt:neral appearing for the appellants urged that, bcfori: the High Court, the hearing of the appeal was concluded on 22nd D March, 1989 but the judgmt:nt was delivtred on 24th January, 1994 - nearly five years aftt:r the hearing was concludt:d, and this long delay in delivt:ry of judgment by itself is sufficient to set aside the judgment under appeal.

Learned Attorney General has also relied upon decision of this Court in the case of K.unwar Singh and Others v. Sri Thakurji Maharaj, [1995] Supp. 4 SCC 125. At presi:nt, we are not deposed to go into this broad qut:stion as urged by the learned Attorney General. Howewr, it is correct to this extent that long dt:!ay 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 argumt:nts raised at the bar havt: not been reflected or appreciated while dictating the judgment - nearly after five years. This is fairly not disputed by learned senior counsel, Shri K. Parasaran, appearing for respondent No. l. Wt:, therefon:, on this short question, set aside tht: judgment under appt:al without expressing any opinion on the merits

of the cast: and remit the case to the High Court for deciding the appt:al G afrt:sh, on merits. In view of the fact, that the matter has been pending for a considerable period of time, we request the High Court to decide the matter expeditiously, if possible, within six months.

Bdore we part with the case, we would like to observe that when this appt:al was filed in this Court, the interim relief prayed for by the appel- H

SUPREME COURT RHORTS (2!XXl] 1 S.C.R.

A !ants was refused. As a consequence, respondent No. 2 executed a sale deed in favour of respondent No. 1, and respondent No. 1 came in possession of the property and since then, he continues to be in possession.

Under such circumstances, respondent No. 1 being the lawful owner, so long the decn:e remains intact, is entit:ed to continue in possession over B the property in dispute. Learned Attorney General uged that, in case respondent No. 1 is to continue in possession over the property, the interest of the appellants may also to be protected. It is then, learned counsd for the parties madt: an agreed statement that during the pendency of the appeal before the High Court respondent No. 1 shall not create any third party right in respect of the property in dispute and turther shall deposit C the rent/incomt: received from that property in tht: High Court aftt:r

deducting the maintenanct: charges and tdX liabilities which shall be subject to the decision of the appeal in the High Court. Wt: order accordingly.

The appeal is allowed. There shall be no order as to costs. All the

D !As are disposed of accordingly.

T.N.A.

Appeal allowed.