Specific Relief Act, 1963–Sec. 12–Decree of refund of amount–Sustainability–Evidence available on record shows that the plaintiff appeared before the sub-registrar for registration of sale deed on 23.06.1986, however, the defendant remained absent–As per agreement of sale, date for execution of sale deed was fixed–Plaintiff filed the application before the sub-registrar–Separate notice was not required to be issued to defendant before filing the suit–Trial Court committed error in deciding the issue no. 1 against the plaintiff–Held, suit deserves to be decreed.
