Law:

Section:

`(a) Specific Relief Act (I of 1877)-------S. 12---Specific performance of agreement to sell---Document in question was receipt whereby defendant's agent had received specified amount on behalf of his principal with condition attached thereto, that if defendant did not agree to sale of property in question, then the deal would not go through and plaintiff would be entitled to refund the money which he had advanced as earnest amount---Defendant did not agree to sell property in question and sold the same to some one else ---Plaintiffs entitlement to seek specific performance agreement to sell---Stipulation in agreement to sell would indicate that plaintiff at the very inception of the agreement had agreed to abandon his right to seek specific performance of agreement and also absolved defendant of all his liabilities under such agreement whatsoever in case transaction of sale was not completed by reserving for himself only right of refund of amount paid by him as earnest money to defendant---Plaintiff having failed to show his bona fides by depositing balance amount of sale (when asked by Court to deposit the same within specified time) in Court was not entitled to decree of specific performance of agreement to sell. (b) Specific Relief Act (I of 1877)--- ----S. 12---Suit for specific performance of agreement to sell---Plaintiff's disentitlement---Essentials---Where entire sale consideration was not paid by plaintiff to defendant and plaintiff was not ready and willing to deposit sale consideration; where, bona fide purchaser without notice would be confronted with hardship, in case decree was granted in favour of plaintiff, and in case specific performance was refused no hardship would be caused to plaintiff, who had agreed to receive back earnest money paid by him in case transaction was not completed; and where defendant (bona fide purchaser) was not entitled and could not recover compensation for breach of contract; specific performance of agreement could not be enforced by plaintiff---Where, however, plaintiff had done substantial acts or suffered losses in consequence of a contract, Court would be exercising its discretion properly by granting degree for…

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