Specific Relief Act, 1963–Sec. 12 & 21(5)–Denial from granting the decree of specific performance–Justification–As per agreement executed between the parties, entire amount of consideration was paid and the plaintiff was handed over the possession of shop which was earlier rented to him–Provisions of Sec. 21(5) cannot be applied in the instant case–Held, plaintiff appellant is entitled to get the decree of specific performance.
