Kanshi Ram vs Om Prakash Jawal & Ors on 15 April, 1996
defendant. Neither sending of this notice by the
prospective vendees through their counsel nor receipt of
the same by the vendor-defendant is denied. No specific
performance of the agreement has been sought in this
notice. When the prospective vendees had themselves not
been interested to get specific performance of the
agreement, but were interested only to receive back their
money i.e. Rs.1,25,000/- with interest, specific
performance cannot be thrust on them. The prospective
vendees are estopped from seeking specific performance
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RSA-3858-2007(O&M) with
Cross Objection No.7-C of 2008 -14-
of agreement (Ex.P1) when they themselves had not
claimed it earlier. Support has been sought from
authority reported as Kanshi Ram Vs. Om Parkash
Jawal and ors. AIR 1996 Supreme Court 2150.