Madamsetty Satyanarayana v. G. Yellogi Rao and Two Others
Case brief
What is this about?
Specific performance; discretion under s.22 Specific Relief Act 1877; mere delay not a ground for refusal in India; Art. 113 Limitation Act, three-year period; waiver/abandonment not preconditions; refusal where plaintiff's representation, conduct or neglect induces defendant to change position to his prejudice or where relief inequitable; English doctrine of laches/delay inapplicable in India; auction sale at Narayanguda, Hyderabad; highest bid Rs. 12,000; delay of about 7.5 months explained (wife's illness, demolition of house by Municipal Corporation); mixed question of fact and law cannot be raised first time in Supreme Court; appeal by certificate from Andhra Pradesh High Court judgment dated October 11, 1963 in C.C.C. Appeal No. 12 of 1959; Subba Rao J.; cases: Lindsay Petroleum Co. v. Hurd (relied on), Emile Erlanger v. New Sombrero Phosphate Co. (relied on), Nawab Begum v. Creel (explained), Rameshwar Prasad Sahi v. Anandi Devi (doubted), Gostho Behari v. Omiyo Prasad (relied on), Chamarti Suryaprakasarayudu v. Arardhi Lakshminarasimha (relied on), Jadu Nath Gupta v. Chandra Bhushan (relied on), Dawson's Bank Ltd. v. Nippon Menkwa Kabushiki Kaisha (relied on).