Law:

Section:

(a) Specific Relief Act (I of 1877)-------S. 12---Suit for specific performance of registered sale agreement---Plaintiff's plea was that at the time of oral agreement, defendant received entire sale price in advance and delivered him possession of suit land, which fact was later on acknowledged by defendant while executing suit agreement---Receipt of entire sale price from plaintiff denied by defendant---Statements of marginal witnesses of agreement made in court to the effect that no sale price was paid to defendant in their presence---Defendant's plea that plaintiff had failed to prove payment of entire sale price to him---Validity---Suit agreement was registered and had been exhibited in evidence without any objection---Defendant under suit agreement had acknowledged receipt of entire sale price in advance and delivery of possession of suit land to plaintiff---Defendant once having admitted contents of suit agreement could not take a contrary plea of non-payment of sale price---Such statements of marginal witnesses were immaterial and the plea of defendant was without substance---Suit was decreed in circumstances. (b) Specific Relief Act (I of 1877)--- ----S. 12---Colonization of Government Lands (Punjab) Act (V of 1912), S. 19---Contract Act (IX of 1872), Ss. 31 & 32---Suit for specific performance of agreement to sell State land against its tenant after acquiring its proprietary rights---Tenant's plea was that suit was not maintainable as the agreement was executed without obtaining permission from the Collector---Validity---Agreement showed that its specific performance had been postponed till acquisition of proprietary rights by tenant---Such a reservation in the agreement showed awareness of prohibition, recognition of its legal effect and effort on part of contracting parties to keep themselves well within confines of law to act in accordance with requirements of law---Such agreement was of contingent nature enforceable after conferment of proprietary rights on tenant and could not be termed to be violative of either provisions of S. 19 of Colonization of Government Lands (Punjab) Act, 1912 or public policy behind thereof---Tenant after acquiring…

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