Readiness and Willingness
2 articles
Supreme Court: A Second Appeal Cannot Trade an Upheld Specific Performance Decree for Cash
In Sobaran Singh v. Gordhan Singh, the Supreme Court reversed a High Court order that had upheld a trial court's findings on a decades-old specific performance suit, yet substituted the decreed sale with a large cash payment 'to maintain equity.' The Court restored the original 1979 decree, holding that once the buyer's readiness and willingness stood affirmed and the sale had already been executed through the court in 1979, there was no discretionary room left to convert the transaction into compensation four and a half decades later, particularly where the buyer had been in continuous possession throughout.
13 min readSpecific Performance When Litigation Drags On and Property Prices Rise: Should the Buyer Still Get the Decree?
Price escalation alone is not a defence. Buyer-caused delay is. This guide explains how Indian courts separate the two, and how a decree can be moulded to balance equities.
14 min read