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Supreme Court of India 2022-07-12 allowed

U.N. KRISHNAMURTHY (SINCE DECEASED) THR. LRS vs A. M. KRISHNAMURTHY

Bench: 2 — Indira Banerjee, Hrishikesh Roy

In Brief

A purchaser of land agreed to pay Rs. 15,10,000 and paid only Rs. 10,001 as advance. The seller later refused to execute the sale deed. The purchaser filed a suit for specific performance after three years, just before the limitation period expired. The Trial Court and High Court granted specific performance relief. The Supreme Court reversed both judgments, holding that the purchaser failed to prove continuous readiness and willingness to perform from the date of agreement to the date of decree. Critical gaps included: no evidence of available funds at the agreed completion date (15 March 2003), only depositing balance consideration seven years later, substantial delay in filing suit, and rising property prices. The Court emphasized that readiness requires financial capacity and must be proven throughout; mere averment is insufficient.

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Specific Performance Contract Law Readiness and Willingness Discretionary Relief Immovable Property Limitation Period Evidence

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