Specific Performance -- Suppression of Truth by Plaintiff -- Unclean hands disentitle plaintiff to relief of specific performance
(i) Specific Relief Act, 1963, S.16 -- Specific Performance -- Suppression of Truth by Plaintiff -- A plaintiff who approaches the Court with unclean hands and suppresses the truth is not entitled to the discretionary relief of specific performance. (ii) Limitation Act, 1963, Art.54 -- Specific Performance -- Suit Filed Beyond Limitation Period -- Where the defendant alleges execution of the agreement in an earlier year than pleaded, the year recorded in the agreement is found torn away, the stamp paper corresponds to the earlier year, and the plaintiff fails to examine available witnesses to prove attestation and further makes no demand within three years of execution, a suit filed after five years is hopelessly barred by limitation.
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