In Brief
This case involved a dispute over an agreement dated 7 August 2005 to sell Kanam and Kuzhikoor rights (land usufructuary rights) for Rs. 8,750 per cent. The plaintiff paid Rs. 10,000 (4% of total consideration) as advance; the balance was to be paid within six months. The plaintiff served notice in November 2006, one year after the six-month deadline, and sued for specific performance. The trial court decreed specific performance, enhancing the price by 25%. The High Court reversed, relying on Section 20 of the Specific Relief Act. The Supreme Court was divided: M.R. Shah, J. allowed the appeal, restoring specific performance and imposing an additional Rs. 10 lakhs on the plaintiff. B.V. Nagarathna, J. dismissed the appeal, holding the plaintiff failed to prove readiness and willingness under Section 16(c) of the Act due to non-payment of balance consideration within the stipulated period and lack of diligence in pursuing the agreement.
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