Law: Specific Relief Act, 1877

Section: 12

Law: Civil Procedure Code (V of 1908)

Section: 96

Specific Relief Act, 1877 (I of 1877)-- ----S. 12--Civil Procedure Code, (V of 1908), S. 96--Suit for specific performance--Dismissed--Non-payment of outstanding amount--Agreement to sell--Direction of trial Court to appellant for deposit of balance amount and affixation of Court fee--Non-depositing of balance amount and Court fee--Conduct of appellant--Disentitlement of appellant for equitable relief--Challenge to--There is no dispute that in suit for specific performance filed by appellant/ plaintiff, it was her own claim that total consideration amount under agreement to sell was Rs. 7,50,00,000/- out of which, only Rs. 1,50,00,000/- was paid and balance outstanding amount was Rs. 6,00,00,000/--When time fixed in agreement to sell approaches plaintiff/appellant should be ready, and show his bonafide by depositing total sale consideration in Court to demonstrate his readiness and willingness for performance of sale agreement and any contumacious omission in this regard would entail dismissal of suit for specific performance being an equitable relief--Trial Court specifically directed appellant to deposit balance consideration amount of Rs. 6,00,00,000/- alongwith proper Court fee as per valuation of suit within a period of two months, but neither balance amount was paid nor Court fee was affixed by appellant. Conduct of appellant shows that he was not serious in performing his agreed part of contract or in pursuing his remedy of specific performance--When this conduct of appellant adjudged on law settled and touch stone of equitable principle on subject, same disentitle appellant of equitable relief of specific performance--Argument of counsel for appellant that some of share-holders were abroad (who were not even party to lis) or her legal counsel did not affix Court fee will not absolve appellant from complying with law settled by Hon’ble Supreme Court and specific direction of learned trial Court to deposit balance consideration amount or affix Court fee within stipulated time period--Conduct of appellant was contumacious in not depositing balance consideration amount, hence he was lawfully denied equitable relief of specific performance--Appeal was…

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