Specific Relief Act, 1963–Sec. 12–Suit of mandatory injunction for specific performance of the agreement to sale–Plaint was presented after three years of legal notice–Plaintiff fixed the Court fees of Rs. 25/-–When the respondent took the objection in written statement, he was permitted to pay the deficit Court fees by treating the prayer as specific performance–A shortcut was adopted by the plaintiff to retain the plaint for the relief of specific performance–Such a dubious approach should not be allowed in a suit for specific performance–First appellate Court rightly reversed the decree.
