SUPREME COURT OF INDIA Corum-Hon. J. R.V. RAVEENDRAN and Hon. J. A.K. PATNAIK Judgement Dated:09-Apr-2011 Civil Appeal -1535 OF 2011 Pramod Buildings & Developers (P) Ltd. v. Shanta Chopra, (2011) 4 SCC 741 The plaintiff in a suit for specific performance, cannot obviously succeed unless he proved that he was ready and willing to perform the contract. The exhaustive correspondence between the parties clearly discloses the respective stands of the parties. Even the prayer in the plaint shows that the appellant was not ready to pay the entire balance of Rs.34,00,000/- as agreed under the agreement of sale but that the plaintiff insisted upon the appellant to pay the municipal taxes before the sale, as a condition for sale. If appellant was not willing to pay Rs.34 lakhs at the time of sale, as specifically agreed under the agreement of sale, the appellant could not claim that it was ready and willing to perform its obligations. As noticed above, after appreciating the entire evidence, learned Single Judge and Division Bench of the High Court have recorded a finding that the appellant was not ready and willing and consequently dismissed the suit. indiankanoon.org/doc/107562889/
Posted on: Fri, 30 Aug 2013 07:57:47 +0000
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