Specific Relief Act, 1963–Sec. 12–Suit for specific performance of sale agreement–Decreed by first appellate Court–Land in question had already regularized in favour of the plaintiff–Entire amount was deposited by him–He exhibited the water slips, issued by the irrigation authorities–Trial Court accepted the plea based on the provisions of Sec. 41 of R.T. Act in ignorance of provisions of Sec. 13A of Colonization Act–Agreement was also sufficiently stamped on Rs. 5/- as it was executed prior to insertion of Sec. 17(1)(f) of Registration Act–Time was not the essence of the contract–Therefore, the suit was in limitation–Held, the suit was rightly decreed.
