LAW FOR ALL

Specific Performance sec.16 (c) - failure to discharge Bank Loan as per the agreement of sale - filing suit after 7 years for specific performance after filing a suit for recovery of possession by owner - Both lower courts found that the appellant is at fault - Apex court held that there is concurrent finding of fact and the same is evident from the record that the plaintiff (present appellant) has failed to perform his part of contract, as such, in our opinion, above case law is of little help to the plaintiff/appellant, and the courts below have not erred in law in not granting the relief of specific performance of contract to the plaintiff in OS.No.37 of 1985. For the reasons as discussed above, we find no illegality in the judgment and orders challenged before us. Accordingly, both the appeals are dismissed with costs.= CIVIL APPEAL NOs.6071-6072 OF 2007 TELIKICHERLA SESIBHUSHAN (DEAD) BY LRS ……………APPELLANTS VERSUS KALLI RAJA RAO (DEAD) BY LRS & ORS. ……………RESPONDENTS =2014 - Sept. Month - http://judis.nic.in/supremecourt/filename=41892