VidhiSangh

Supreme Court of India · 16/02/2018

KALAWATI (D) THROUGH LRS. & ORS. versus RAKESH KUMAR & ORS.

[2018] 1 S.C.R. 482 · 2018 INSC 161

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court restored dismissal of a suit for specific performance because the purchaser failed to establish the financial capacity necessary for continuous readiness and willingness. His income, bank balance and business borrowing did not show an ability to pay or arrange the balance price. The vendors’ alleged failure to obtain vaguely described clearances did not overcome that defect. Failure to deposit the balance price as a condition of interim injunction was not itself decisive.

Issues

  1. Whether the purchaser proved continuous readiness and willingness to perform the sale agreement.
  2. Whether his financial evidence established ability to pay or arrange the balance consideration.
  3. Whether the vendors’ clearance obligations or non-deposit for interim relief changed the result.

Held

Result

Appeal allowed without costs. High Court judgment and decree set aside, restoring the trial court’s dismissal of the specific-performance suit.

Judgment PDF: Supreme Court of India, [2018] 1 S.C.R. 482.