In Brief
The defendants-appellants were sued for specific performance of an agreement to sell property dated 26 March 2007. The plaintiffs had paid Rs 75 lakh as advance and claimed they were ready to pay the balance. The trial court dismissed the suit but granted a decree for recovery of the advance amount with interest. The High Court reversed this, granting specific performance. The Supreme Court set aside the High Court's judgment, holding that the plaintiffs failed to prove continuous readiness and willingness to perform. The Court noted the plaintiffs had entered into a competing agreement for the same property before completing the original contract, undermining their bona fides. The Court restored the trial court's decree for recovery of Rs 75 lakh with 9% interest and imposed a charge over the property, with 12% interest if not repaid within 3 months.
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