Specific Relief Act, 1963–Secs. 16(c) & 20–Decree of specific performance–Quashed and set aside in the second appeal–Justification–Concurrent findings of lower Courts on the issue of readiness and willingness–High Court ignored the necessary aspects on readiness and willingness–Plaintiff paid the sum of Rs. 40,000/- time to time out of the total sale consideration Rs. 56,000/- –High Court committed a grave error in holding the issue with respect to readiness and willingness against the plaintiff solely on the ground that there are no specific averments/pleadings in the plaint–Time was extended at the instance of defendant no. 10–Discretion u/s. 20 is to be exercised judicially–Held, judgment, and decree passed by the trial Court deserve to be restored.
