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PETITIONER: BHAGWANDAS FATECHANCI DASWANI & ORS.

       Vs.

RESPONDENT: HPA INTERNATIONAL AND ORS.

DATE OF JUDGMENT:       13/01/2000

BENCH: V.N.Khare, N.Santosh Hegde

JUDGMENT:

DER       The  defendant-appellants,  who   are  the  subsequent purchasers,  are in appeal.  This appeal is directed against tile  judgment of Madras High Court dated 24th January, 1994 whereby the decree for specific performance of the agreement passed by the trial court was affirmed.

     On  26th June, 1977 respondent No.  2 entered into  an agreement  with first respondent serein, for transfer of his life  interest  in  the property in  dispute.   On  29.2.79. 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.  It is in this way the defendant-appellants are before us.

     Learned  Attorney General appearing for the appellants urged that, before the High Court, the hearing of the appeal was  concluded  on  22  March, 1989  but  the  judgment  was delivered  on  24th January, 1994 - nearly five years  after the  hearing was concluded, and this long delay in  delivery of  judgment  by  itself  is sufficient  to  set  aside  the judgment  under  appeal.  Learned Attorney General has  also relied  upon  decision  of the Court in the case  of  Kanwar Sinsk  and  others vs.  Sri Thakurii Mahany - 1995 Supp  (4) SCC  125.   At present, we are not deposed to go  into  this broad  question  as urged by the learned  Attorney  General. 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.  This is  fairly  not disputed  by  learned  senior counsel, Shri  K.   Parasaran, appearing  for  respondent No.  1.  We, 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, we request  the High  Court to decide the matter expeditiously, if possible, within six months.

     Before we part with the case, we would like to observe

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that  when this appeal was filed in this Court, the  interim relief  prayed  for  by the appellants was  refused.   As  a consequence,  respondent  No.   2 executed a  sale  deed  in favour  of respondent No.  I, and respondent No.  I came  in possession  of the property and since then, he continues  to be  in possession.  Under such circumstances, respondent No. I being the lawful owner, so long the decree remains intact, is  entitled to continue in possession over the property  in dispute.   Learned  Attorney  General   urged  that,  incase respondent  No.   I  is to continue in possession  over  the property,  the  interest  of the appellants may also  to  be protected.  It is then, learned counsel for the parties made an  agreed stetement that during the pendency of the  appeal before the High Court respondent No.  I shall not create any third  party right in respect of the property in dispute and further  shall  deposit the rent/income received  from  that property  in the High Court after deducting the  maintenance charges  and  tax liabilities which shall be subject to  the decision  of  the  appeal  in  the  High  Court.   We  order accordingly.

     The  appeal is allowed.  There shall be no order as to costs.  All the 1.  As are disposed of accordingly.