Specific Relief Act, 1963–Sec. 12(3)–Refusal from granting the decree of specific performance with the observation that the plaintiff was not ready and willing to perform his part of contract–Contention of the plaintiff that he is entitled to get the benefit of the provision of Sec. 12(3)–Acceptability–Plaintiff cannot invoke Sec. 12(3) in view of specific findings that he was not ready and willing to perform his part–Further, the claim of the appellant was not rejected by the High Court merely on the ground that it was not made at the stage of trial and has been made for the first time at the appellate stage–Interference declined.