In Brief
In 2005, Habban agreed to sell agricultural land to Sheruddin for Rs.5,00,000 per acre. When Habban failed to execute the deed, Sheruddin sued for specific performance and secured a decree in 2012 requiring the deed's execution within three months of balance payment. Sheruddin never deposited the balance amount within the stipulated time or sought extension. He only paid in 2015 after appeals concluded. The Supreme Court held that a specific performance decree is conditional and self-operative—non-compliance with its time condition automatically dismisses the suit and renders the decree inexecutable. The Court rejected equity-based arguments for delayed payment, ruling that "he who seeks equity must do equity," and that allowing years-long delays after land price increases unfairly prejudices the seller. The decree was rescinded and Habban was ordered to refund Sheruddin's earnest money with 8% interest.
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