Law: Specific Relief Act, 1877

Section: 12

(a) Specific Relief Act (I of 1877)---S. 12---Suit for specific performance of agreement to sell---Original document' of agreement to sell executed in favour of vendee by the vendors was admittedly not produced---Other documents produced were at the most containing acknowledgment---Suit, in circumstances, was not competent and rightly dismissed. (b) Specific Relief Act (I of 1877)--- ----S. 12---Suit for specific performance of agreement to sell---Original document of agreement to sell executed in favour of vendee by the vendors was admittedly not produced---Vendors, even if had admitted that they had settled the transaction of sale with the plaintiffs and that agreement to sell was executed in favour of another person as a Benamidar of real beneficiaries of the alleged agreement of sale, contract of sale having not been directly entered into with the vendors, by plaintiffs, no relief could be granted to the plaintiffs---Plaintiffs had failed to bring on record the original or even copy of the agreement to sell, which was allegedly entered into by the vendors, such document being the primary document, upon which the foundation of whole of the suit was laid, having not been produced, the suit .was rightly held incompetent and no privy of contract existed between the plaintiffs and the vendors because they were not party to the alleged agreement to sell. (c) Specific Relief Act (I of 1877)--- ----S. 12---Suit for specific performance of agreement to sell---Original document of agreement to sell executed in favour of vendee by the vendors was admittedly not produced---Acknowledgment in favour of third party, namely, the plaintiffs could not be permitted and accepted unless, it was endorsed and ratified by the vendors---Alleged acknowledgement in favour of plaintiffs could not be acted upon unless it was accepted by the vendors---Such acknowledgment was ineffective as against the subsequent purchasers, who had no knowledge of the alleged Benami nature of the transaction---Ingredients necessary to prove Benami transaction being also missing in the evidence, suit was rightly dismissed. (d) Specific Relief Act (I of 1877)--- ----S. 12---Suit for specific performance…

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