Specific performance suit.
The balance sheet of the plaintiff showed that he was not in a position to pay the balance sale considered within the stipulated period.
It shows he was not ready with the money. No decree for the specific performance was passed.
Plaintiff shall have to prove availability of funds to pay the balance of sale considered.
If no arrangement of money is there, suit for the specific performance to fail.
To prove readiness and willingness, the evidence should be read to prove these facts in spirit.
It is not mere formality.
Suit for specific performance though within limitation but filled with undue and unexplained delay.
Suit to be dismissed.
2022(155) ALR 314
U.N. Krishnamoorti vs. A.M. Krishnamoorti