Specific Relief Act, 1963–Sec. 20–Plea of defendant that the agreement to sell pertained to 1/2 undivided share of the defendant, the plaintiff did not demand the execution of sale deed for a period about three years, the Court ought not to have passed the discretionary decree of specific performance–Acceptability–As per unrebutted averments in the plaint, plaintiff was handed over the possession of the property by the defendant no. 1 and since he has been cultivating and enjoying the same–Further, he has continuously been requesting the defendant no. 1 to execute the sale deed–Plea deserves to be negated.
