The letters Patent Bench, however, on appeal being preferred, set aside the decree on 10.5.72.
As to when the companyrt may number exercise discre tion to grant the decree for specific performance has been mentioned in sub section 2 whereas subsection 3 states as to when the companyrt may properly exercise its discretion to decree specific performance.
Hence this appeal by special leave by the plaintiff.
It was decreed by the trial companyrt a single Judge of the Madras High Court on 10.11.65.
It may also be stated that during the pendency of this appeal the appellants assigned their right to two outsiders sometime in September, 1988.
Kamal, son of MS Mohammed Hasan, who at the relevant time was residing at Nos.5/ and 58, 3rd Main Road, Gandhi Nagar.
As the plaintiff died in 1990, his legal representatives have pursued the appeal.
HANSARIA, J. This litigation is about three and half decades old by number inasmuch the suit for specific performance for reconveyance of the property sold by the plaintiff was filed in 1962.
