2021 S C M R 1108
Transfer of Property Act (IV of 1882)---
---S. 54--Specific Relief Act (I of 1877), S. 12---Contract Act (IX of 1872), S. 51---Specific performance of agreement to sell immoveable property---Obligations of vendor and vendee---Foremost requirement to seek specific performance, for a vendee was to demonstrate his readiness and willingness to perform the agreement---Promisor (vendor) need not perform his part of promise or obligation, unless the promisee (i.e vendee) was ready and willing to perform his reciprocal promise---In cases arising out of agreement to sell, a vendee to demonstrate his readiness and willingness to perform his part of obligation, had to plead, that he had offered to pay, and was always prepared to pay the consideration---Vendee could not seek enforcement of reciprocal obligation on the part of vendor to execute the sale deed, unless he demonstrated that he not only had the financial capacity but he was also always willing and ready to meet the same.
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