Specific performance despite transfer restrictions, with permission-based conveyance upheld and readiness to perform accepted.

A transfer restriction and the need for governmental permission did not create an absolute bar to specific performance where the vendor had agreed to sell property transferable only with approval. The Court held that the decree could require the vendor to seek the necessary permission and, if granted, complete the conveyance; later refusal of permission would not prevent the decree from being passed. The plaintiff's readiness and willingness to perform the contract was accepted, and the subsequent transferee was directed to join in the conveyance. The claim for specific performance was upheld.

---

---

Issues: Whether a decree for specific performance could be granted where the agreement to sell was subject to transfer restrictions and governmental permission was required.

Analysis: The Court held that the existence of a restriction on transfer did not create an absolute bar to a decree for specific performance. Where the vendor had agreed to sell property transferable only with permission of an authority, the court could direct the vendor to apply for such permission and, if granted, to complete the conveyance. The inability to enforce the decree immediately if permission was later refused did not prevent the court from passing the decree. The finding that the plaintiff was ready and willing to perform his part of the contract was accepted, and the subsequent transferee was directed to join in the conveyance.

Conclusion: The restriction on transfer and the need for permission did not defeat the claim for specific performance, and the decree in favour of the respondent was upheld.

---