Specific Relief Act, 1963–Sec. 16(c)–Readiness and Willingness of buyer –Determination–Buyer was aware that in February 2006, the property had been vacated by the tenants–Despite this fact, he started raising the bogey of failure of the sellers to share with him the encumbrance certificate–Agreement does not record that the sellers were under the obligation to share such certificate–Despite multiple reminders, he did not come forward for the execution of the sale deed–He admitted in cross-examination that he was not having sufficient funds–It cannot be concluded that he was ready and willing to perform his part of the contract.
R. Kandasamy (Since Dead) & Ors. vs. T. R. K. Sarawathy & Anr. (SC)
₹50.00 ₹5.00
