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Dilsukh & Ors. vs. Madan Lal & Anr.

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Specific Relief Act, 1963–Sec. 12–Specific performance on the basis of oral agreement–Agreement can be entered orally and the suit for specific performance can be led on such oral agreement but the heavy burden lies upon the plaintiff to prove such oral agreement in contract where there is a written agreement and the terms and conditions agreed upon with precision–Plaintiff is bound to prove with a certain degree of certainty, the exact terms of the contract, the presence of witnesses and all other persons at such time and the circumstances under which such oral agreement was entered.