Specific Performance--Condition Precedent--Buyer's Readiness Not Defeated Where Seller's Default in Fulfilling Prior Contractual Obligation Causes Delay in Performance
In a suit for specific performance, readiness and willingness of the plaintiff must be demonstrated from the date of the agreement to the date of the decree. Where a condition precedent under an agreement to sell, such as conversion of leasehold property to freehold, rests exclusively with the seller, the buyer cannot be faulted for delay in performance until that condition is fulfilled. A bounced cheque that is subsequently honoured, without cancellation proceedings by the seller, does not establish financial incapacity. Under Section 32A of the Registration Act as applicable in Uttar Pradesh, presence of the vendee at the time of registration of a sale deed is not mandatory. Escalation in property prices during litigation does not justify refusal of specific performance.
