Gaddipati Divija vs Pathuri Samrajyam on 18 April, 2023
Let us give an example. Take a case where
there is a contract for sale for a consideration of Rs. 10 lakhs and earnest
money of Rs. 1 lakh was paid and the vendor wrongly refuses to execute the
sale deed unless the purchaser is ready to pay Rs. 15 lakhs. In such a case
there is a clear breach by the defendant. But in that case, if the plaintiff did not
have the balance Rs. 9 lakhs (and the money required for stamp duty and
registration) or the capacity to arrange and pay such money, when the contract
had to be performed, the plaintiff will not be entitled to specific performance,
even if he proves breach by the defendant, as he was not “ready and willing” to
perform his obligations.”
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https://www.mhc.tn.gov.in/judis