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Supreme Court of India 2018-02-16 allowed

Kalawati (D) Through LRs. & Ors vs Rakesh Kumar & Ors

Bench: 2 — Madan B. Lokur

In Brief

The case concerns an agreement to sell land dated 1986, with the plaintiff seeking specific performance 31 years later. The plaintiff paid only advance money but lacked financial capacity to pay the balance consideration. Though the defendants failed to obtain a required 'no objection certificate', the Supreme Court held that the plaintiff was neither ready nor willing to perform his obligations, lacking sufficient funds throughout the dispute. The Court affirmed the trial court's dismissal, emphasizing that readiness requires financial capacity and willingness requires appropriate conduct—both absent here. The judgment sets aside the High Court's reversal and highlights systemic delays in contract enforcement.

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Contract Law Specific Performance Code of Civil Procedure Readiness and Willingness Financial Capacity Agreement to Sell Property Law

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