In Brief
A widow-vendor agreed in December 1985 to sell agricultural land for Rs. 2,45,000, having received a partial deposit of Rs. 55,000. The vendor refused to execute the sale deed, claiming the buyer lacked funds to pay the balance. The buyer sued for specific performance. Both the trial court and high court found the vendor had breached the contract by refusing to measure the land and provide title deeds—conditions precedent to payment. The buyer later deposited the full balance amount before the court. The Supreme Court upheld the decree for specific performance, holding that concurrent factual findings favour the buyer's readiness and willingness to perform, and that the source of funds deposited years later is irrelevant. The vendor's late plea of hardship was rejected as it was never raised in her written defence.
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