In Brief
The plaintiff sought specific performance to compel the defendant to execute a sale deed for a property after an agreement was entered into in 2006. The defendant had failed to execute the deed partly due to a pending family dispute. The plaintiff claimed to have paid Rs. 6,75,000/- additional consideration without documentary proof or specified dates. The Supreme Court held that the plaintiff failed to prove readiness and willingness to perform the contract, as required by law. The unsupported allegation of payment, introduced only later through affidavits without mention in the original plaint or prior notice, was found wholly unbelievable and lacked credible documentary evidence. The Court dismissed the appeal and allowed only recovery of the earnest money paid.
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