Specific Performance -- Failure to Prove Readiness and Willingness, Agreement Seventeen Years Old -- Specific relief declined, lump sum compensation awarded instead
Agreement to Sell -- Specific Performance -- Failure to Prove Readiness and Willingness -- Where the plaintiff fails to demonstrate financial capacity to pay the balance consideration on the due date and does not even attend the office of the Sub-Registrar on that date, readiness and willingness to perform the contract stands unproved. Where both parties have failed to fulfil their contractual obligations and a long period, exceeding seventeen years, has elapsed since execution of the agreement, grant of specific performance ceases to be an equitable relief, and the court may instead award a lump sum amount as compensation to the plaintiff.
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