Specific Relief Act, 1963–Sec. 12–Suit for specific performance of sale contract–Dismissed–Appreciation of–Agreement was extended with the consent of both parties–No condition in agreement for obtaining the probate of will by defendant before registration of sale deed–Plaintiff filed the suit for
partition wherein he denied the right of defendant over the questioned shop–This fact reveals that he was never ready and willing to perform his part of contract–Specific condition for forfeiture of advance money and compensation of Rs. 40,000/- in case the plaintiff fails to perform his part of contract–
Held, suit was rightly dismissed.
