ORDER 1.Leave granted. 2. A suit for specific performance of an agreement to sell dated 8-6-1971 read with supplementary agreement dated 12-6-1972 was f1led on 27-4-1979. The suit was contested on very many grounds including the plea of limitation as also the plea that in the facts and circumstances of the case, especially in view of the delay in f1ling the suit, the plaintiff was not entitled to the discretionary relief of specific performance. The trial court dismissed the suit. However, an appeal preferred by the plaintiff, was allowed and the first appellate court directed a decree for specific performance of agreement to sell to be passed. 3. One of the legal representatives of the vendors and Defendant 3 in the suit, who claims to be a mortgagee in possession of the suit land, as also a bona fide purchaser without notice, of 1/3rd share in the property, preferred second appeals. The High Court found no substantial question of law worthbeing heard arising in the case and, therefore, dismissed the appeals summarily. The two appellants in the High Court have preferred these two appeals by special leave. 4. Having heard the learned counsel for the parties, we are satisfied that the present one is not a case where the appeals could have been dismissed summarily by the High Court. In our opinion, the appeals do raise the following substantial questions of law: (i) Whether, on a fair and reasonable interpretation of the relevant clause of the agreement appointing the time of performance, the suit can be said to be barred by limitation under Article 54 of the Limitation Act, 1963? (ii) Whether, on the facts and in the circumstances of the case, the plaintiff can be said to have been ready and willing to perform his part of the contract continuously till the date of filing of the suit? (iii) Whether, on the facts and in the circumstances of the case, the discretion in granting the relief of specific performance deserves to be exercised in favour of the plaintiff, also keeping in view the delay in filing the suit? 5. The appeals are allowed.
(iii) Whether, on the facts and in the circumstances of the case, the discretion in granting the relief of specific performance deserves to be exercised in favour of the plaintiff, also keeping in view the delay in filing the suit? 5. The appeals are allowed. The impugned decisions of the High Court are set aside and the cases are sent back to the High Court for hearing and decision afresh, on the questions of law framed hereinabove and such other questions as the High Court may in its discretion choose to frame, and in accordance with law. However, there will be no order as to costs.