In Brief
A buyer sought specific performance of an agreement to sell a property executed in January 2008 for Rs 25 lakhs. The seller subsequently cancelled the agreement via letter in February 2008 and offered refund. The buyer accepted and encashed the refund cheques after filing suit but failed to disclose this fact. The Court held that specific performance requires continuous readiness and willingness to perform; the buyer's acceptance of refund and failure to seek declaratory relief against cancellation rendered the suit unmaintainable. The Court found material suppression of facts and lack of willingness to perform the contract. The decree for specific performance was set aside, the sale deed declared void, and the balance consideration refunded.
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