https://www.taxtmi.com/caselaws?id=156827 Continuous readiness and willingness must be pleaded and proved by conduct and financial capacity to secure specific performance, and the plaintiff satisfied that burden through part-payment, documentary proof of funds, and consistent pursuit of performance. The agreement was not a contingent contract, because discharge of the mortgage and production of title deeds were incidental covenants and not impossible conditions; the contract remained enforceable. Marshalling was also upheld to protect the decree-holder without prejudicing the mortgagee, and the award of costs and ancillary directions were sustained. The High Court's decree for specific performance and connected equitable relief was left undisturbed. en-us Mon, 22 Nov 2010 00:00:00 +0530 Wed, 25 Sep 2013 15:58:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=156827 Continuous readiness and willingness must be pleaded and proved by conduct and financial capacity to secure specific performance, and the plaintiff satisfied that burden through part-payment, documentary proof of funds, and consistent pursuit of performance. The agreement was not a contingent contract, because discharge of the mortgage and production of title deeds were incidental covenants and not impossible conditions; the contract remained enforceable. Marshalling was also upheld to protect the decree-holder without prejudicing the mortgagee, and the award of costs and ancillary directions were sustained. The High Court's decree for specific performance and connected equitable relief was left undisturbed. Case-Laws Indian Laws Mon, 22 Nov 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=156827