Specific Performance -- Readiness and Willingness -- Plaintiff failing to perform contractual obligations disentitled from specific performance
Specific Relief Act, 1963, S.16(c) -- Specific Performance -- Readiness and Willingness -- A plaintiff who fails to perform the essential terms of a contract and cannot demonstrate readiness and willingness to fulfil his obligations is disentitled from seeking specific performance -- Where the agreement stipulates a contractual deduction on default by the purchaser, the plaintiff is entitled only to the balance advance amount after such deduction -- The defendant retaining the advance without refund remains liable to pay reasonable interest to avoid unjust enrichment.
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