Law: Specific Relief Act, 1877

Section: 12,22,39

Law: Contract, Act, 1872

Section: 55

(a) Specific Relief Act (I of 1877)--- ----Ss.12, 22 39---Contract Act (IX of 1872), S.55---Agreement to sell immoveable property---Specific performance of contract---Scope---Contradictory stances taken by the vendor---Effect---Vendee instituted suit for specific performance of the agreement while vendor filed suit for cancellation of said agreement (both suits were consolidated)---Plea of the vendor was that the agreement was cancelled, as the vendee had not performed his contractual obligation, hence the question of its specific performance did not arise---Validity---Record showed that vendor, precisely two days prior to the institution of his suit, had addressed a legal notice to the vendee stipulating that since vendee had neither paid partial payment prior to an initial date nor balance sale consideration by the last date as per requirement of the agreement, therefore, the said agreement was rescinded; whereas in the plaint filed by the vendor, he prayed inter alia for rescission and cancellation of agreement---In complete departure from his pleadings, the vendor deposed in his evidence that the agreement had already been cancelled, which plea remained a bare assertion devoid of any corroboration from the record---On the very date of institution of suit for specific performance of the agreement, the vendee was granted interim relief, restraining the vendor from creating any third party interest in the suit property and from parting with possession thereof, which interim orders continued throughout the tenure of the suit---Vendee, in said context, had denied of any mutually agreed cancellation---Evidence showed that vendor accepted two payments from the vendee post execution of the agreement---Bank-statement also found mentioned that, for the purpose of redemption of the suit-property, vendee had deposited amount in the account of Bank with whom the suit-property was mortgaged---Admittedly, the initial date was inadvertently misprinted in the agreement deed and pleadings, evidence and conduct of the parties corroborated the date asserted by the vendee was required to be the date for the part payment---High Court observed that vendee had made out a case for…

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