CHANGES IN AGREEMENT WITH OUT PERMISSION - novation of the contract=The agreement was prepared in such a way, that all the three children of the 1st respondent have figured as vendors. Not only their names were mentioned, but also space was provided for signature of all the three. However, it is only the respondents 1 and 2 that signed the agreement and the place in between their signatures is left blank, so much so, the numerical - 2 was struck off. In the body of the agreement also, the name of the Rudra Deva Reddy was struck off. One or two words were added. No evidence was adduced to establish that these changes and alterations have taken place with the assent of the parties concerned. Obviously, these acts constitute novation of the contract, without the participation of the other party to it. It is fairly well settled principle of law that an agreement becomes unenforceable, if any changes to it are caused by only one of the parties.= The relief of specific performance of an agreement of sale is purely equitable in nature and it is only when the Court is satisfied, that a clear case is made out for grant of the relief, and there are no counterbalancing factors, that such a relief can be granted. The various issues discussed above would certainly have a bearing upon the exercise of discretion, by the Court. Denial of relief of specific performance in a case of this nature, where, a) there is total uncertainty about the description of the property, b) the agreement was altered in several respects by the appellant, and c) there is failure of the appellant to prove his readiness and willingness to perform his part of the contract; can not at all be treated as contrary to law. No substantial question of law arises for consideration.
CHANGES IN AGREEMENT WITH OUT PERMISSION - novation of the contract=The agreement was prepared in such a way, that all the three children of the 1st respondent have figured as vendors. Not only their names were mentioned, but also space was provided for signature of all the three. However, it is only the respondents 1 and 2 that signed the agreement and the place in between their signatures is left blank, so much so, the numerical - 2 was struck off. In the body of the agreement also, the name of the Rudra Deva Reddy was struck off. One or two words were added. No evidence was adduced to establish that these changes and alterations have taken place with the assent of the parties concerned. Obviously, these acts constitute novation of the contract, without the participation of the other party to it. It is fairly well settled principle of law that an agreement becomes unenforceable, if any changes to it are caused by only one of the parties.= The relief of specific performance of an agreement of sale is purely equitable in nature and it is only when the Court is satisfied, that a clear case is made out for grant of the relief, and there are no counterbalancing factors, that such a relief can be granted. The various issues discussed above would certainly have a bearing upon the exercise of discretion, by the Court. Denial of relief of specific performance in a case of this nature, where, a) there is total uncertainty about the description of the property, b) the agreement was altered in several respects by the appellant, and c) there is failure of the appellant to prove his readiness and willingness to perform his part of the contract; can not at all be treated as contrary to law. No substantial question of law arises for consideration.