RACHAKONDA NARAYANA vs PONTHALA PARVATHAMMA

The Supreme Court held that under Section 12(3) of the Specific Relief Act, 1963, a plaintiff can seek specific performance of a contract even if part of the property is not available, provided they are willing to relinquish their claim on the unavailable part. The Court found that the plaintiff was ready to pay the full consideration for the available land and had relinquished claims on the other plot, thus entitling him to specific performance. The judgment of the High Court was set aside, and the decree for specific performance regarding the patta land was upheld.