Unless there is a concluded contract between the parties the plaintiff is not entitled to a decree for specific performance
In a suit for specific performance it is for the plaintiff to establish that there was a binding and concluded agreement between the parties, learned counsel for the appellant has relied upon various authorities. The first authority relied upon by the learned counsel for the appellant is New Mofussil Co. v. Shankerlal Narayandas Mundade; AIR 1941 Bombay 247 wherein it was held that the contract is complete when all the conditions between the parties are settled. The next authority relied upon is Rudra Das v. Kamakhya Narayan; AIR 1925 Patna 259 wherein it was held that specific performance will not be granted where parties have intended that it was not to be considered to be a concluded contract until it has been confirmed by a third party.
12. The next authority is Bengal Coal Co. v. Prosanna Kumar wherein it was laid down that onus is on the
plaintiff to prove his case. Partial admission of receipt of money does not shift the onus.
