In Brief
The vendor agreed in writing to sell 300 square yards of land to the vendee for Rs. 75,000. The vendee paid Rs. 45,000 and tendered the balance within the agreed timeframe, but the vendor transferred 100 square yards to a third party by registered deed before completing the sale. The trial court and high court decreed specific performance for 200 square yards at the reduced price of Rs. 50,000. The Supreme Court upheld this, holding that a vendor cannot escape liability by deliberately frustrating the contract through third-party transfers. The court applied Section 12 of the Specific Relief Act to permit partial performance. Technical procedural pleas not raised at trial cannot be raised for the first time in appeal. Appeals dismissed.
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