2021 SCMR 1241
Agreement to sell immoveable property---Failure to pay balance consideration within stipulated time---Effect---Only obligation on the plaintiff/buyer was to tender money to the seller and in case of the seller's refusal to receive it then to deposit the same in the Court or otherwise demonstrate his ability and readiness to make payment, which elements were entirely missing in the present case---Plaintiff filed a suit seeking specific performance of a contract but did not at any stage demonstrate that he was ready, able and willing to perform his obligation there under, which tender/deposit the balance sale was to consideration, therefore, there was no justification for the court below to decree the suit and to permit the plaintiff/buyer to tender the balance sale consideration after a lapse of about twenty years.
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