( 1 ) THIS is an application by the defendant/applicant under Order VII Rule 11 read with Section 151 of Code of Civil Procedure for rejection of the plaint as devoid of any cause of action and barred under Section 16 (c) of Specific relief Act, 1963.

( 2 ) THE plaintiff has filed the present suit for specific performance of agreement to sell dated 20th December, 2002 against the defendant.

( 3 ) THE defendant asserted that the agreement dated 20th December, 2002 was cancelled and the plaintiff has admitted it in its correspondence, however, the cancellation of the agreement dated 20th December, 2002 has not been challenged by the plaintiff resulting in acceptance/acquiescence. Therefore, according to defendant, the plaintiff is not entitled to the relief of specific performance or any other relief pertaining to agreement dated 20th December, 2002.

( 4 ) THE defendant/applicant has also sought rejection of the plaint on the ground that the suit of the plaintiff is barred under Section 16 (c) of Specific relief Act. The applicant/defendant contended that plaintiff company has failed to show that it had been ready and willing to perform the agreement and to comply with