RAM NIWAS GUPTA vs MUMTAZ HASAN — C.A. No. 2246/1998
Case under Section III-A. Status: Disposed.
CNR: SCIN010207401997
Filing Date
02-Dec-1997
Registration No
C.A. No. 2246/1998
Diary Number
20740/1997
Order Date
16-Jan-2002
Document Type
ROP - of Main Case
Disposal Type
Dismissed
Last updated 13-Jun-2026
Acts & Sections
Petitioner(s)
-
1.RAM NIWAS GUPTA
Adv. E. C. AGRAWALA
Respondent(s)
-
1.MUMTAZ HASAN
Adv. ABHA JAIN
Case History
Case Summary: RAM NIWAS GUPTA v. MUMTAZ HASAN Outcome: The Supreme Court allowed the appeal and set aside the High Court's judgment. The matter was remanded to the High Court to reconsider whether unexplained delay defeats the plaintiff's entitlement to specific performance relief, directing the trial court to frame a specific issue on delay and provide a fresh finding. Background: Plaintiff sought specific performance of a 1975 property sale agreement. The trial court decreed the suit, but the High Court reversed it solely on grounds of unexplained delay, granting only refund of consideration (Rs. 31,350) and Rs. 5,000 damages instead. Key Direction: The High Court must reframe the issue on delay and allow both parties to adduce further evidence before deciding the appeal afresh. No costs awarded. This case analysis is maintained by casestatus.in based on publicly available court records.
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