payment of meagre sum of Rs.90,000/- was not at all explained by the respondent and hence, he is not entitled to discretionary remedy of specific performance. The suit sale agreement is a registered document. In the absence of any positive evidence to show that the consent of the appellants to the suit sale agreement was vitiated by any of the factors recognized under the Indian Contract Act, 1872, it shall be treated as a genuine document. When parties for some reason or other agreed to give a long time of one year that itself cannot be treated as a ground to deny the relief of specific performance. In the case on hand, the suit agreement was entered into on 01.07.2002. on the date of agreement itself a sum of Rs.4,00,000/- was paid as an advance and remaining balance amount of Rs.90,000/- was agreed to be paid within a period of one year. The said one year period expired only on 30.06.2003. However, the respondents without waiting for expiry of one year period allowed by the agreement issued a pre-suit notice on 20.03.2003 and expressed his readiness and willingness to complete the sale transaction and called upon the appellants to perform their part of contract. After getting an unfavourable reply from the appellants on 17.04.2003, immediately the suit was laid by the respondent on 23.04.2003.
