PRAMOD SHROFF Vs. MOHAN SINGH CHOPRA

JUDGEMENT

(1.) The appeal was heard for ex parte, in view of the respondent having not contested in either court, and is accordingly taken up for passing judgment.

(2.) The plaintiff in a suit for specific performance of an agreement for sale has filed the present appeal against the dismissal of such suit.

(3.) Learned counsel for the appellant contends that the learned Trial Judge dismissed the suit on the ground that the defendant has no title in the property and as such, no decree for specific performance of an agreement for sale can be granted. However, it is argued, under Sec. 12 of the Specific Relief Act, 1963, where a party to a contract is unable to perform the whole of his part of the contract, the court may direct the specific performance of so much of the contract as can be performed and award compensation in money for the deficiency. Hence, the learned Trial Judge ought to have granted at least a decree of specific performance for transfer of whatever rights the defendant has in the property in favour of the plaintiff/appellant.