Ready and Willingness

Specific Performance

Suit for specific performance – MOU provided that appellants shall pay the balance sale consideration "at the time of registration of sale" deeds immediately after the disposal of the Writ Petition – Appellants filed suit 2 years and 3 months after the disposal of the Writ Petition – Payment of balance consideration has to be done only at the time of the registration of the sale deeds – Admittedly, no steps were taken for the registration of the sale deeds – Finding of the Division Bench that Appellants were not ready and willing to perform their part of the contract by not paying the balance consideration immediately after disposal of the Writ Petition is erroneous.

(2021-2)202 PLR 214 (SC) = 2021 SCeJ 426