In Brief
In this specific performance dispute, the buyer sought to enforce a property sale agreement dated 2002 for Rs.3,65,000. The High Court had reversed the lower courts' decree, finding delay in filing the suit and questioning the buyer's readiness and willingness. The Supreme Court allowed the appeal, holding that: (1) time was not of the essence since the seller had to first discharge the mortgage and obtain title documents; (2) mere delay within the limitation period is not a bar to specific performance under Indian law; (3) the buyer's readiness was evidenced by necessary funds and registered notices; and (4) the negotiated lower price does not vitiate the contract. The decree for specific performance was restored.
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