In Brief
In this property dispute, the respondent sought specific performance of an agreement to purchase a house in Rupnagar for Rs. 1,50,000/-. The property was mortgaged to the education department; the appellant redeemed it and gave due intimation to the respondent in July 1989. The respondent disputed the redemption and later migrated to America without challenging the appellant's subsequent cancellation of the agreement. The Supreme Court held that the respondent failed to establish readiness and willingness to perform the contract, as he never testified on oath or provided evidence of capacity to pay the balance amount. Accordingly, the Court set aside the decree for specific performance and allowed the appeal.
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