Specific Relief Act, 1963–Sec. 12–Relief of specific performance–Declined to grant on the ground that there was a bar for transfer of any land to be made by a tribal to a non-tribal–Concerned State Legislation provides that after the previous approval of State Govt., such sale deed could take place–This stage has not yet arisen in the instant case for the reason that the defendant failed to perform his part of the agreement in as much as he did not come forward to execute the sale deed–If he had come forward to execute the sale deed in favour of the plaintiff, then it would have been the duty of the appellant to have proceeded under the relevant provisions of State Legislation–Suit deserves to be decreed.
