Law:

Section:

(a) Specific Relief Act (I of 1877)------Ss. 22, 12 & 54---Suit for specific performance of the contract, damages and injunction---Execution of sale agreement and receipt of earnest money were admitted---Defendant, at the time of agreement, had shown herself to be absolute owner, whereas property had devolved upon her and her five sons, another sale deed thus was required to be executed by the parties which was done---Defendants had failed to deliver photocopies of the title documents enabling the plaintiff to proceed with the registration of conveyance deed which in fact was the liability of defendants---Onus to prove that the plaintiff had breached the terms of the agreements did not stand discharged from the defendant's evidence---Agreements having merged, were sought by plaintiff to be acted upon---Parties thus were under obligation to fulfil its covenants---Defendants having not discharged their obligations, sale deed could not be finalized---Defendants thereafter, had breached the terms of the agreements the effect of which was that plaintiff's suit was maintainable. (b) Specific, Relief Act (IV of 1877)--- ----Ss. 22 & 12---Specific performance of agreement to sell---Relief of specific performance of a contract is discretionary in nature and is to be exercised judiciously, equitably and on well recognized judicial considerations as required by S.22 of the Specific Relief Act, 1877---Where facts and circumstances of the case lent support to the plaintiff's case that it was within the knowledge of defendant, that she was not the only surviving legal heir of her deceased husband, there was no justification on her part to execute sale agreement claiming to be sole owner of the property---However through a subsequent agreement the defendants (all the legal heirs of the deceased) had agreed to abide by the terms of the contract---Careful scrutiny of the evidence of the defendants in juxtaposition to the evidence of the plaintiff revealed that plea of defendants of breach of agreement by the plaintiff was not established and evidence- equitably made out the transaction of sale. (c) Specific Relief Act (I of 1877)--- ----Ss. 22 & 12-Suit for specific…

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