AIR 1952 NAGPUR 244

Nagpur High Court

Hon'ble Judge(s): Mudholkar , J

(A) Transfer of Property Act (4 of 1882) , S.53A— Grant of relief under - Necessity of contract being specifically enforceable - Distinction between S.53A and S.12, Specific Relief Act (1 of 1877). Whether a contract is specifically enforceable or not is not a matter which must be taken into consideration for granting relief under S. 53-A, T. P. Act. The provisions of S. 12, Specific Relief Act are quite distinct from those of S. 53-A, T. P. Act though it may be that certain matters which should be considered in a suit for specific performance have also to be considered in a suit for possession where the defence of part performance is put forward by the deft. That is quite another matter. In a suit of the latter type all that the Court is required to consider is whether or not the conditions laid down in S. 53-A are fulfilled in respect of a transaction relied upon by the transferee.(Para 5) Anno : T. P. Act, S. 53 A, N. 4, 6, 9; Specific Relief Act, S. 12, N. 1, 5. (B) Transfer of Property Act (4 of 1882) , S.53A— Unwillingness to perform contract - False plea that certain obligation under contract has been discharged by transferee. In a suit for specific performance it is incumbent on the plaintiff to prove that he was ready ....