Specific Relief Act, 1963–Sec. 12–Direction of refund of advance amount –Appellate Court modified the order and decreed the suit with the direction to pay additional sale consideration i.e. double amount of consideration–Justification–As per recitals of agreement, the defendant was required to get the suit land surveyed and such the total consideration was agreed to be settled after such survey–Plaintiff has not produced any documentary or oral evidence to establish that there was any demand made by him for the land being surveyed by defendant–He remained silent for a period of three years for enforcing the agreement of sale–Continuous readiness and willingness was neither explained nor proved–Impugned judgments passed by the First Appellate Court and High Court are liable to be set aside.
