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C.S.Venkatesh vs A.S.C.Murthy (D) By Lrs.. on 7 February, 2020 cites

Umabai & Anr vs Nilkanth Dhondiba Chavan (Dead) By Lrs. ... on 13 April, 2005

19. The judgment of this Court in Umabai and Anr. v. Nilkanth Dhondiba Chavan (Dead) by LRs. and Anr.,5 is almost similar to the case at hand where the plaintiff had filed a suit for specific performance of the agreement to re- convey property. The plea of the plaintiff was that the transaction was one of mortgage and the sale stood redeemed and the plaintiff was discharged from the debt and he was ready to pay the defendant the amount for the property only in the alternative that the plea of mortgage was not accepted by the Court, would show that his readiness was conditional. The plaintiff did not have any income and could not raise the amount required for re-purchase of the property. In the totality of the circumstances, it was held that the plaintiff was not ready and willing to perform the contract. The conditions laid for the specific performance of the contract are in para 30, which is as under:
Supreme Court of India Cites 26 - Cited by 136 - S B Sinha - Full Document
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