AIROnline 2023 SC 12 ::AIR 2023 SC (Civ) 430

Supreme Court Of India

Hon'ble Judge(s): M. R. Shah, B. V. Nagarathna , JJ

Specific Relief Act (47 of 1963) , S.16(c)— Suit for specific performance - Readiness and willingness - Vendee specifically pleaded readiness and willingness to pay balance sale consideration but High Court recorded finding that vendee had no means to pay as passbook was not produced to prove same - Vendee was not called upon to produce passbook either by vendor or by Court to show readiness and willingness on his part - Reversal of finding on readiness and willingness by High Court, erroneous - Decree of specific performance, restored. Regular First Appeal (RFA) No. 5033 of 2011,D/-27-11-2020 (Kar)-ReversedReview Petition (RP) No. 200036 of 2021,D/-06-12-2021 (Kar)-Reversed (Para 6.2 6.3 7)