LAW FOR ALL

Specific performance of sale agreement - termination notice was also given = the defendant sent legal notice on 28.03.1985 to the plaintiff extending time to the plaintiff to pay sale consideration on or before 10.04.1985 with a warning that his failure to comply with the same, sale agreement dated 25.12.1983 would be terminated. The plaintiff did not perform his part of the contract within the extended period of legal notice. In those circumstances, the Apex Court treated the contract was not existing by the date of filing the suit for specific performance and held suit is not maintainable without a prayer for declaratory relief.