In Brief
In this civil appeal concerning an agreement to sell immovable property, the Supreme Court examined whether the plaintiff was entitled to specific performance. While the High Court found the plaintiff was not ready and willing to execute the contract, it nevertheless granted a decree for payment of the balance consideration. The Supreme Court held that specific performance cannot be decreed without proof of readiness and willingness. However, to settle equities, the Court ordered the defendant to refund the amount paid by the plaintiff with 9% simple interest per annum from the date of payment, balancing the rights of both parties.
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