Law: Specific Relief Act, 1877

Section: I,12

(a)    Specific Relief Act ( I of 1877)-------S. 12---Suit for specific performance---Agreement to sell, execution of--Financial ability to complete the transaction---Scope---Suit was concurrently decreed in favour of plaintiff /buyer---Plea of the petitioner(lady defendant/seller) was that the respondent did not have the financial ability to complete the transaction---Validity---Admittedly, the respondent /plaintiff as buyer of the suit-property issued a cross cheque in the name of the Petitioner (defendant/seller) three days before the target date, a copy of which was handed over to the petitioner requiring her to initiate the process of transfer in the relevant authority (LDA)---However, there was no evidence on record that the petitioner took any step for execution of the sale deed or transfer of the suit property in LDA in the name of the respondent---As per the contents of the agreement, the balance sale consideration was payable at the time of execution of sale deed or transfer before the LDA, therefore, the plea of the petitioner (regarding respondent's financial inability to complete the transaction) was immature and based on assumption that he did not have requisite funds in the bank account regarding which he had issued the cross cheque in favour of the petitioner because payment could have been made in cash or through pay order from another account or by any other means---Petitioner was bound to initiate the process of sale transaction and may well have required the payment of balance sale consideration through pay order or cash or by any other mode at the time of execution of sale deed or transfer of the suit property before LDA but that time did not arrive due to lapse on the part of the petitioner---Both the Courts below had rendered well-reasoned and sound judgments after due appreciation of evidence and taking into account all aspects of the case requiring no interference in exercise of revisional jurisdiction of the High Court---Civil revision filed by defendant/seller, being merit-less, was dismissed, in circumstances.(b)    Specific Relief Act ( I of 1877)-------S. 12---Suit for specific…

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