Law:

Section:

(a) Specific Relief Act (I of 1877)-------S. 12---Registration Act (XVI of 1908), Ss.17 & 52---Specific performance of agreement to sell---Failure of defendant (vendee) to appear before Sub-Registrar---Proof---Plaintiff asserted that the defendant failed to appear before the Sub-Registrar for execution of registered sale-deed in his favour---Plaintiff, in proof of his assertion, relied on an application presented to the Sub-Registrar wherein the defendant was marked absent and the application was returned to the plaintiff---Validity---Sub-Registrar,' under the law could only register the instrument of sale. if the same was duly presented before him by the executor---Such application did not in any way prove the case of the plaintiff about his readiness and willingness to perform his part of agreement. (b) Specific Relief Act (I of 1877)--- ----S. 12.---Specific performance of agreement to sell --- Proof--- -Evidence of friends and relatives---Evidentiary value---In presence of documentary evidence produced by the defendants to establish that the plaintiff was not ready rather was unwilling in making payment of balance consideration amount, the evidence of friends or closely related persons of the plaintiff could not be relied upon. (c) Specific Relief Act (I of 1877)--- ----S. 12---Specific performance of agreement to sell--- Extension of time for performance of the agreement---Proof---Where no endorsement of extension of time was made on the agreement, High Court declined to accept the plea of extension of time for performance of the agreement. (d) Specific Relief Act (I of 1877)--- ----S. 12---Specific performance of agreement to sell---Failure in performance of agreement to sell---Notices were issued by the vendor to the vendee for payment of the balance consideration of amount and to complete the agreement ---Vendee did not respond to the notices and adduced oral evidence to prove that he was willing to perform the agreement ---Validity---Vendee was the one who failed to perform his part of agreement by not making the payment of balance consideration amount to the vendor as stipulated---Oral evidence adduced by the vendee was cogently displaced and…

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