In Brief
A landowner sought specific performance of a 1986 agreement to sell 11 bighas of Delhi land. The buyer had paid only a fraction of the price and later failed to deposit balance consideration when required for obtaining interim injunction. The Supreme Court upheld the trial court's dismissal of the suit, holding that the buyer lacked the financial capacity throughout (earning only Rs. 10,000 monthly with minimal savings) to pay the balance amount and hence was neither ready nor willing to perform. Though the seller had not obtained certain clearances, the buyer's financial incapacity was the decisive ground. The Court also noted 31 years of litigation for a simple contract and stressed need for procedural reforms.
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