Civil Appeal -- Respondent Supporting Decree -- Adverse Finding Assailable Without Cross-Objections
(i) Civil Procedure Code, 1908, O.41 R.22 -- Civil Appeal -- Respondent Supporting Decree -- A respondent supporting the decree passed in his favour is entitled to assail a finding recorded against him without filing cross-objections, provided he seeks no relief beyond what the decree already grants. Such a respondent may impugn an adverse finding while defending the ultimate result of the decree. (ii) Specific Relief Act, 1963, S.16 -- Specific Performance -- Unilateral Termination by Vendor -- Where an agreement to sell confers no contractual right of unilateral termination on the vendor, termination amounts to repudiation, and the purchaser may treat the contract as subsisting and sue for specific performance without seeking a declaration that the termination is invalid. (iii) Specific Relief Act, 1963, S.16 -- Specific Performance -- Readiness and Willingness of Purchaser -- Continuous readiness and willingness of the purchaser from the date of the agreement till the decree is a condition precedent for grant of specific performance. Absence of pleading by the defendant on this aspect does not shift the burden, and availability of funds must be shown at all material points of time, not merely at a late stage of proceedings. (iv) Specific Relief Act, 1963, S.20 -- Specific Performance -- Long Lapse of Time and Conduct of Parties -- Specific performance under the unamended Act is a discretionary and equitable remedy. Retaliatory criminal complaints, inconsistent stands taken by the plaintiff, and a lapse of over two decades since the agreement are relevant factors militating against grant of the relief, particularly where compelling transfer would be inequitable in the changed circumstances of the parties.
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