In Brief
An agreement for sale of property mortgaged to the education department was executed between Mohinder Kaur (seller) and Sant Paul Singh (buyer). After redemption, Kaur notified Singh and demanded payment of the balance amount and execution of the sale deed. Singh disputed the redemption and later the agreement was cancelled. Singh sued for specific performance. The lower courts decreed the suit, but the Supreme Court reversed the orders. The Court held that specific performance is discretionary and requires proof of the buyer's readiness and willingness. Since Singh failed to testify personally and a power of attorney holder could not competently depose on his behalf regarding events prior to the power of attorney's execution, the Court found an adverse presumption against Singh. The suit was also not maintainable because it did not challenge the validity of the cancelled agreement through a declaratory plea.", <parameter name="principles">["Specific performance is a discretionary relief requiring the plaintiff to establish readiness and willingness to perform contractual obligations through credible evidence.", "A power of attorney holder cannot depose for the principal regarding matters within the principal's personal knowledge, and the principal's failure to appear in the witness box raises an adverse presumption against his case.", "A suit for specific performance of a cancelled agreement is not maintainable without a declaratory plea challenging the validity of the cancellation.", "Proper intimation given through registered post with supporting documents discharges the obligation under an agreement regarding notification of the counterparty."]
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