Specific Relief Act, 1963–Sec. 12–Agreement for specific performance
of contract–Establishment–Son of deed writer stated that his father is aged of 85 years and he has left the work of deed writing for weakness of vision and hearing–He nowhere stated that his father is not in a condition to give statement before the Court–No medical certificate was also produced–Nothing in evidence of PW 1 & PW 2 to prove the fact of receipt of advance amount–Defendant No. 2 was minor on the relevant day–Held, execution of Ex.1 could not be proved by the plaintiff–Suit was rightly dismissed.


