In Brief
A buyer sought specific performance of an agreement to purchase industrial land for Rs. 4,38,000, entered into in 1994. Initially filing suit only for mandatory injunction (valued at Rs. 250), the buyer later paid additional court fee to convert it to a specific performance suit. The Supreme Court held that such post-hoc conversion was impermissible, especially after a three-year delay between issuing a notice and filing suit. The Court stressed that specific performance is discretionary and requires continuous readiness and willingness at suit filing. Procedural shortcuts cannot overcome substantive requirements of limitation and proper conduct. The petition was dismissed.
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