Party A and B are members of the same society.
Party B [Plaintiff] was purchasing a flat from Party A [Defendant]
As per Agreement for Sale - Party A was required to make payment within 30 days from grant of NOC from Society. Party A required to obtain NOC.
Party A applies for NOC immediately. Party B was supposed to execute his forms and submit to Society.
Party B refuses to cooperate and submit forms thereby delaying issue of NOC. Thereafter Party B has serious problems/fights on various issues with Society. Society then refuses to issue NOC.
Due to delay, party A gives ultimatum and cancels agreement. Party B sues for specific performance.
If Party B prevented Party A from obtaining NOC (all evidence held) then can Party B obtain decree for specific performance?
What are your views?
