In Brief
A buyer agreed to purchase property for Rs. 3,65,000 under an agreement dated September 2002. The seller had mortgaged the property and had to discharge the mortgage and obtain title documents before the buyer could pay the full price. The buyer sent letters to the seller and filed a specific performance suit in February 2005. The High Court reversed the trial court's decree, citing the buyer's delay and lack of proven readiness. The Supreme Court allowed the buyer's appeal, holding that time was not of the essence since the seller's obligation (clearing the mortgage) was conditional. Delay per se cannot defeat specific performance if the suit is timely filed under Indian law. Readiness was established by the buyer's available funds and communication attempts.
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