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Dwarka Prasad thr. LRs. vs. Hetram

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Specific Relief Act, 1963–Sec. 12–Suit for specific performance of the agreement of sale–Dismissal of–Instant appeal–Plaintiff himself admitted in evidence that the land described in agreement was not owned by defendant–Defendant seems to be an illiterate/semi illiterate person and plaintiff admitted
that the agreement was read over to him–It can be inferred that the agreement was drafted at the instance of plaintiff–Further, when he was apprised with this fact by the written statement, why any step was not taken for amendment in suit or to seek the amendment in the agreement–Nothing on record to show that the notice was ever issued by him for seeking the execution of agreement–Held, suit was rightly dismissed.