1. The controversy here arises in a suit for specific performance and it pertains to the permission granted to the plaintiff to amend his plaint to aver, "the plaintiff has always been and is still ready and willing to perform his part of the agreement and is ready to get the sale-deed registered in his favour". This plea being in consonance with the provisions of Sec.16-C of the Specific Relief Act 1963 (hereinafter referred to as the Act ), which, it is now settled are mandatory and imperative. Indeed, the specific performance of a contract cannot be enforced unless the plaintiff pleads and proves the essential ingredients thereof.

2. On December 22, 1984, there was an agreement for the sale of land executed by Joga Singh in favour of Pakhar Ram. Some money was paid by Pakhar Ram to Joga Singh as earnest money and possession of the land in suit was delivered to Pakhar Ram. Pakhar Ram thereafter filed two suits against Joga Singh with regard to this land. The first being for injunction to restrain Joga Singh from interfering with his possession over the land which was decreed in his favour on August 20, 1987. The other, which is the present suit, was filed on December 16,