In Brief
A property sale agreement required the seller to evict tenants and hand over vacant possession to the buyer. The trial court found the buyer willing to pay but unwilling to accept the property with tenants, and dismissed the specific performance suit. On appeal, the High Court allowed it based on the buyer's affidavit stating he would now accept the property with tenants. The Supreme Court reversed this, holding the High Court failed to comply with appellate procedure by not re-appreciating evidence or framing points for determination. Further, the buyer's new willingness—contradicting original pleadings—could not be introduced via affidavit without formal amendment. The Court held both readiness and willingness are essential for specific performance, and since willingness was lacking at trial, no decree could issue. The seller was ordered to refund the advance with 18% interest within eight weeks.
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