Specific Relief Act, 1963–Sec. 12–Decree of specific performance–Second appeal against–Plea of the appellant that the vendor had not acquired the title of suit plot, therefore, only remedy of the refund was available–Acceptability–A person who posing as the title holder entered into an agreement to sale his property cannot be allowed to assert subsequently that he had no title over the property–Further, on the date of filing the suit and date of the decree, the vendor had already acquired the title–Outsider cannot be allowed to defend rights of unknown heirs of the purchaser–Plaintiff was not required to prove the readiness and willingness as he had pleaded that he had already paid the entire consideration–Even, the plaintiff was not examined, her husband and other deposed who were conversant with the fact of agreement–No time limit was provided for execution of sale deed and the suit was filed in limitation–No case is made out for interference.
