In Brief
A man agreed to buy a half-share in a shop for Rs. 1,50,000, claiming he paid Rs. 1,30,000 upfront. The seller denied the deal and refused to execute the sale deed. The buyer sued for specific performance. The trial court found no agreement existed. The first appellate court disagreed but held the buyer failed to prove he was ready and willing to perform his part throughout the agreed period. The High Court reversed this without detailed reasoning, merely noting the suit was filed after the deadline. The Supreme Court held that to obtain specific performance, a buyer must prove from day one he was always ready and willing to perform; filing suit after the deadline does not suffice. The Court restored the first appellate decision.
The lawyer headnote and full judgment text are available to registered users.