Specific Relief Act, 1963–Sec. 12–As per clause 2 of the sale agreement, if the second party fails to pay the balance amount within the stipulated time, the advance amount will be forfeited and if the seller fails or refuses to execute the sale deed and other necessary documents in favour of purchaser/buyer or in name of his nominees within the stipulated time, the seller will be responsible to pay double the amount given as advance–Purchaser was entitled to refund of double amount–Trial Court and first appellate Court rightly refused to pass the decree of specific performance and rightly passed the decree for recovery of Rs. four lakh–Impugned judgments passed by High Court in second appeal and review petition are liable to be set aside.
