K. Lakshmikantayya And Anr. vs M. Nagayya (Died) And Ors. on 23 December, 1954
11. Learned Counsel for respondent has cited the decision in Lakshmikantayya v. Nagayya, AIR 1955 Andh Pra 188, in support of his contention that the agreement is not
enforceable against the defendant. That case related to an agreement to sell in respect of 4.03 acres of land of which a portion was sold in court auction. On failure to execute a sale deed in respect of the balance the Andhra High Court held that if the party not in default wanted to exercise his option under Section 15 of the Act he must be prepared to pay the whole purchase price for getting the conveyance. This decision also is of no assistance to the counsel since the enforcement of a part of a contract could be had then only on payment of the entire price agreed upon whereas the party not in default is entitled to get a decree for specific performance now in view of Section 12(3) of the Act provided he pays or has paid the agreed consideration for the whole reduced by the consideration for the part which is left unperformed.