Law: Sales Tax Act, (III of 1951)

Section: 20, 21

Law: Specific Relief Act (I of 1877)

Section: 12 (c), (d), 21 (a)

(a) Sales of Goods Act (III of 1951)  Ss. 20 & 21-Passing of property to buyer-Pre-conditions to attract S. 20--Contract for sale of vessel prima facie not uncondi tional but certain conditions required to be performed by parties to contract-Vessel, subject of contract, allegedly not on its own power but junk and wreck in breach of terms of agreement-Held, such vessel could not be said to be in deliverable state and could not be passed on to buyer -Passing of property in goods and delivery of same-Held, two different things. (b) Specific Relief Act (I of 1877) Ss. 12 (c), (d) & 21 (a) read with Sale of Goods Act (III of 1951), S. 58-Specific performance of contract-Plaintiff entering into agreement for purchase of vessel for scrapping same-No peculiarity or uniqueness in such vessel neither pleaded nor pointed out-Plaintiff can be compensated in terms of money in circum stances-Specific performance of an agreement relating to a vessel cannot be granted-Whether a party having prima facie elected to claim damages instead of claiming specific performance upon alleged breach on part of other party before invoking jurisdiction of High Court can press into service--Section 12 (d) Specific Relief Act Held, a debatable point.-[Contract].                                                                                                                                        ORDER This is a suit in which the plaintiffs have claimed the followinf reliefs :- "The plaintiffs respectfully pray for judgment and' decree against the defendants Nos, 1, 3 and 4 jointly and/or severally as follows :- (1) For arrest/attachment and delivery of the vessel the plaintiffs as the rightful and lawful owner of the said vessel subject to such terms and conditions as to payment of price and deductions there from as the Hon'ble Court…