In Brief
A property owner in Chennai agreed in writing to sell her ground floor property and an undivided share to a buyer for Rs. 3.43 lakhs. The buyer paid over 50% of the price and obtained loan approval, but the seller later cancelled the agreement and refused to execute the sale deed. The buyer sued for specific performance. The Trial Court and High Court decreed the suit, holding the seller had breached while the buyer remained ready and willing to perform. The Supreme Court upheld the decree, ruling that financial readiness does not require ready cash but only capacity to pay; the buyer's substantial advance payment and prompt suit filing proved her commitment. The plea of non-maintainability could not be entertained as it was not raised in the written statement. The concurrent findings below were binding, and appeal was dismissed.
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