In Brief
A property sale agreement required the defendant to evict tenants and deliver vacant possession before executing the deed. The trial court found the plaintiff unwilling to accept the property with tenants and dismissed the specific performance suit. The High Court, on first appeal, relied on the plaintiff's affidavit (filed only before it) stating new willingness to accept tenants, without requiring formal amendment of the plaint. The Supreme Court held that the High Court violated appellate procedure by not re-appreciating evidence or framing points for determination. Relying on affidavits contradicting pleadings without amendment under Order VI Rule 17 CPC is impermissible. For specific performance, both readiness and willingness must be proved; the trial court's finding against willingness was justified and sustainable.
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