In Brief
A house in Rupnagar Municipality was subject to an agreement for sale between Mohinder Kaur and Sant Paul Singh in 1988. The property was mortgaged; the parties agreed the seller would redeem it and notify the buyer within 15 days. The seller redeemed the mortgage and sent notice by registered post in July 1989 with release documents. The buyer disputed this, demanded further proof, and did not pursue the matter. The seller cancelled the agreement and forfeited the earnest money. The buyer sued for specific performance. The lower courts decreed it; the Supreme Court reversed, holding that the buyer failed to prove readiness and willingness to perform, did not testify, and never challenged the cancellation. Specific performance requires the buyer to enter the witness box and establish capacity to pay; the power of attorney holder could not do so."
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