In Brief
An advocate filed a suit in 1983 seeking specific performance of a purported land sale agreement dated 1977, claiming he had paid earnest money to the seller's deceased father. The trial court decreed the suit, but the first appellate court dismissed it, finding the plaintiff had waited six years without asserting his rights and had not proven readiness and willingness to perform. The High Court reversed this, restoring the decree. The Supreme Court held the High Court erred. The court found that the grossly inadequate price, the six-year delay, and circumstances suggesting the money was meant for the seller's medical treatment—not a genuine purchase—all showed the plaintiff never intended to enforce the agreement. Readiness and willingness to perform is essential for specific performance; the plaintiff failed to prove it. The Court allowed the appeal and restored the first appellate court's dismissal."
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