Specific Relief Act, 1963–Sec. 12–Decree of specific performance–Sustainability–Plaintiffs failed to plead specifically with details about restrictions imposed by the State on registration of sale deeds–Details of Government orders were not mentioned–Defendant nos. 1 to 5 executed the sale deed in favour of appellant by depositing some betterment charges–It has not come in the pleadings or evidence of plaintiffs that the alleged ban imposed by the State Govt. had been lifted but still the sale deeds were executed in favour of appellants and other purchasers–It was also not mentioned that on which date, the plaintiff tendered the balance amount or a draft sale deed to defendant nos. 1 & 5–Defendant no. 1 had given the notice requesting for payment of balance sale consideration and, thereafter, communicating that advance amount had been forfeited and the agreement to sell has come to an end–Plaintiff neither responded the communication nor filed the suit for specific performance for more than one and half years–Held, decree of specific performance was not warranted in the instant case.
