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Suresh Chand Yadav vs. Chhotu Lal Soni th. LR’s. & Anr.

54.00 5.40

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Specific Relief Act, 1963–Sec. 12–Dismissal of suit–Justification–Defendants received the amount of Rs. 23 lakh in advance which shows that the plaintiff was ready and willing to perform his part of the contract–If the amount had been given forcibily, the defendants were required to issue the notice and would not used the amount by withdrawing the same from the bank account–Conduct of the defendants shows that the amount was received voluntarily–Defendants have received the seventy percent amount and the relief of specific performance cannot be denied on the ground that their son was not agreed to sale the property or the value of the property was increased–Trial Court also committed error in not granting the permanent injunction in favour of the plaintiff–Suit deserves to be decreed.