Specific Relief Act, 1963–Sec. 12–Specific performance of agreement–Direction of trial Court to return the amount with 6% annual interest–Appellant was non-suited on the ground that the post-dated cheque of Rs. 35 lakh was returned towards the part sale consideration, therefore, there was no concluded agreement between the parties–High Court refused to go into the aspect of readiness and willingness on part of plaintiff–Post-dated cheque of Rs. 35 lakh cannot be said to be worthless–It was returned by the bank with an endorsement that the payment was stopped by the attachment order–A raid was conducted by the IT Department and the account was attached–Cheque was not returned for the reason of insufficient fund–Issue of readiness and willingness was required to be framed–Impugned order quashed and set aside and matter remanded back to trial Court for deciding afresh.
