Law: Contract Act (IX of 1872)

Section: 2(h) , 37 , 12

Contract Act (IX of 1872)--- ----Ss. 2(h) & 37---Specific Relief Act (I of 1877), S.12---Agreement capable of being specifically performed---Essentials---Agreement, which could be a binding contract and capable of being specifically performed, would consist of an offer, consideration and acceptance---Plot in question was allotted by defendant Authority to plaintiffs on certain conditions and if such conditions were not fulfilled, it was open to the Authority to cancel allotment of plot, but when all said conditions were fulfilled by allottees, they could obtain specific performance of all their rights to become owners of plot in question. Wali and others v. Malik Ali and others PLD 1965 SC 651; Bibi Molumannisa and others v. Tafazul Karim AIR 1959 Pat. 132; Ramchandra Ganesh v. Ramchandra Kondaji 22 ILR 46 and Dewan Chand Sabborwal v. Union of India and another AIR 1951 Pb. 426 ref. Transfer of Property Act (IV of 1882)--- ----S. 105---Easements Act (V of 1872), Ss.52 & 64---Specific Relief Act (I of 1877), S.12---"Lease" and "licence" ---Nature and distinction---Licence merely would grant licence/permission to enter upon licensor's property and do something, which in absence of such grant, would be unlawful---Such grant of permission would amount to a licence as per S.52, Easements Act, 1882---If such a grant would create an interest in property, same could not be construed as a "licence" and in that connection intention of parties would also have to be considered---Specific performance of agreement---Specific performance of agreement whereby defendant Authority had   allotted plot in dispute to plaintiff on certain terms and conditions was resisted by defendant Authority on ground that transaction between the parties was a licence and plaintiffs who were licensees could not specifically enforce licence agreement to become lessees of plot in question---Validity---Plaintiffs to whom plot in question was allotted had paid substantial amount to defendant Authority---One of terms of allotment was that industrial unit for which plot was allotted, should be completed within specified period, but plaintiffs were unable…