NIRMALA DEVI Vs. NIRANJAN SINGH TYAGI

JUDGEMENT

(1.) COUNSEL for the parties heard. Counsel for the appellant points out that in view of Section 16 (c) of the Specific Relief act, 1963, the appellant has failed to aver and prove that "he has performed or always been ready and willing to perform the essential terms of the contract which are to be performed by him, other than terms of the performance of which has been prevented or waived by the defendant". He vehemently argued that the plaint is conspicuously silent on this point. He raised no other argument.

(2.) ON the other hand, counsel for the respondent has pointed out that he has already paid the entire money vide receipt Ex. PW 1/3 and the respondent has also proved gp Ex. PW1/1, agreement to sell Ex. PW1/ 2 and registered Will Ex. PW1/4, which clearly go to show that the property already stands sold to the respondent for which the entire amount has been paid. Counsel for the respondent submits that he had performed the entire part of his contract and nothing remains to be done afterwards. He asserted that under these circumstances he was not required to comply with the provisions of Section 16 (C) of the Specific Relief act.

(3.) HE also points out that a quarrel had ensued due to this agreement. Consequently fir was lodged against the appellant/accused and the appellant/accused was convicted for offences under Ss. 323, 352, 342, 384, I. P. C. and was released on probation.