Specific Relief Act, 1963–Sec. 12–Trial Court dismissed the suit for specific performance and plaintiffs were hold entitled to get partial amount of sale consideration with 6% annual interest–Appreciation of –Defendant nos. 1 & 2 executed the agreement of sale in favour of plaintiffs–Thereafter, the Revenue Courts held that the land was belonged to Mahant H and he sold the land to the father of defendant no. 4–Revenue Court had hold that there was no transfer deed executed in favour of defendant nos. 1 & 2–Agreement of sale between the parties shows that the possession was not handed over at the time of agreement– Further, the original agreement was cancelled subsequently and a fresh agreement was executed wherein, it was clearly mentioned that if the revenue suits were not decided in favour of defendant nos. 1 & 2, then plaintiffs would be entitled to refund back the advance amount of sale consideration–Parties were bound with this agreement–Held, Trial Court rightly directed for return of the amount.
