Short Note : 1. The appeal was directed against the judgment and decree dated 20th September 1971, passed by the learned District Judge, Mandsaur. 2. Held : During the course of hearing of this appeal, learned counsel for the respondent, pointed out that, in no circumstance, the plaintiff could be held entitled to the relief of specific performance of the contract, in view of the fact that the plaintiff had failed to aver and prove as required by section 16 (c) of the Specific Relief Act that he had performed or had always been ready and willing to perform the essential terms of the contract which were to be performed by him. Realising this defect in the pleadings, learned counsel for the applicant submitted an application for leave to amend the plaint so as to claim compensation for the breach of the agreement entered into by defendants 2 and 3. The amendment application was allowed. Learned counsel for the plaintiff contended that in view of the fact that the plaintiff had failed to make any averment as required by section 16 (c) of the Specific Relief Act, the plaintiff was not entitled to relief of specific performance of the contract but that he was entitled to claim refund of consideration along with compensation for breach of the contract. The plaintiff is entitled to the refund of consideration along with compensation of Rs. 1,000. Appeal partly allowed.