RAMENDRA MOHAN DATTA, J.

( 1 ) IT is settled law that the plaintiff in a suit for specific performance must be ready and willing to perform his part of the contract not only up to the date of the suit but at least upto the completion of the trial.

( 2 ) IN this case of specific performance in course of the trial Dulichand a partner of the respondent firm in course of bis examination in chief as a witness on behalf of the plaintiff was asked in question 71 as follows :--Q. "are you still ready and willing to take the lease from the defendant?" His answer was: "no. At present we claim the damage only". The question arose if this was permissible under the law. Could the plaintiff have waived or abandoned the claim for specific performance and claimed damages simpliciter in lieu thereof? Such a question arose in the case of Ardeshir Mama v. Flora Sassoon 55 Ind App 360; (AIR 1928 PC 208 ). In that case also the plaintiff by his conduct debarred himself from the relief of specific performance and tried to convert the suit for specific performance into that of a suit for damages. The question is: has the plaintiff such power to convert the suit for specific performance into that of a s

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