Patel v. Ali

1 Ch.. 283 (1984)

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Nature of the Case

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Facts

D was living in the property with her husband, Ali. They occupied it as their matrimonial home. Another couple, Ahmed (D1), was also living in the house. The property was a freehold and was registered to D and D1. On July 1979, a contract was entered into between both Ds and Patel (P) as the purchaser. The price was 24,000 pounds with the contractual completion date to be August 28, 1979. The actual performance of the contract was delayed. The excuses were the bankruptcy of Mr. Ali, as the trustee in bankruptcy made a claim to a beneficial interest in the property. and then on a number of delays in service of proceedings on D1 who had returned to Pakistan. Meanwhile the circumstances of D’s life were not exactly exciting. At the date of the contract, she was 23, had one child that was still a baby, she was in good health but spoke not a word of English. In the summer of 1980, her right leg was amputated for cancer while she was in pregnancy with her second child. That child was born August 31, 1980. In the spring of 1981, her husband went to jail and remained there until mid-summer 1981. After his release, she became pregnant again, and her third child was born in 1983. D has an artificial leg and is dependent on friends and relatives, and her sister, who only lives a few doors away from her. D asked that the court refuse the enforcement of specific performance and to leave Ps to their remedies at law.