DR. JIWAN LAL & ORS. versus BRIJ MOHAN MEHRA & ANR.

DR. JIWAN LAL & ORS. versus BRIJ MOHAN MEHRA & ANR.

Non-requisitioning of the property was not a condition precedent to performance of seller’s obligation; condition in clause 6 was for the exclusive benefit of vendees, who could waive it; vendees did not abandon their claim and delay did not prejudice the vendor; specific performance granted.

Parties
Appellant: Dr. Jiwan Lal; Appellant: Shri Krishan Das; Appellant: Bal Kishan Das (predecessor in interest of appellants Nos. 3 to 8); Respondent: Brij Mohan Mehra; Respondent: Respondent No. 2 (unnamed in judgment)
Jurisdiction
India
Judgment Date
14 September 1972
Procedural Posture
Civil Appeal / Appeal Against High Court Judgment
Outcome
Appeal allowed
Legal Topics
Specific Performance, Waiver of Contractual Stipulations, Delay and Laches in Specific Performance
Contract Law Specific Relief Specific Performance Waiver of Contractual Stipulations Delay and Laches in Specific Performance

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Parties

Dr. Jiwan Lal

Appellant

Shri Krishan Das

Appellant

Bal Kishan Das (predecessor in interest of appellants Nos. 3 to 8)

Appellant

Brij Mohan Mehra

Respondent

Respondent No. 2 (unnamed in judgment)

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court Judgment

Legal Issues

  1. 1 Whether the contract for sale was voided by requisition of the property
  2. 2 Whether non-requisitioning of the property was a condition precedent to seller's obligation
  3. 3 Whether the buyer could waive the condition in clause 6 and demand specific performance

Ratio Decidendi

Non-requisitioning of the property was not a condition precedent to performance of seller’s obligation; condition in clause 6 was for the exclusive benefit of vendees, who could waive it; vendees did not abandon their claim and delay did not prejudice the vendor; specific performance granted.

Court Disposition

Appeal allowed

Orders

  • Judgment and decree of High Court set aside
  • Plaintiffs’ suit decreed for specific performance