Supreme Court · 1972 INSC 220 · Decided 14 September 1972
DR. Jiwan Lal & ORS. v. Brij Mohan Mehra & ANR.
- Court
- Supreme Court of India
- Citation
- 1972 INSC 220 · [1973] 2 S.C.R. 230
- Case number
- CIVIL APPEAL No. 1100/1967
- Decided
- 14 September 1972
- Bench
- J.M. SHELAT, D.G. PALEKAR, S.N. DWIVEDI (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
Specific Relief-Stipulation in contract for benefit of one party only­ If could be u•aived by hi111-Specific perfonnance-Delay in filing suit for-lrlren 1naterial. · The appellant and re5pondcnts enterd into a contract under which, from the very inception, the respondents became it. One of the terms of '.'le contract provided that if the property was requisitioned by the Gov· ernnent prior t~ the registration of the sale-deed the respondents should refund the earnest money paid by the appellants with interest. The pre­ mises were requisitioned before the
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