https://www.taxtmi.com/caselaws?id=199095 A suit for specific performance was held not maintainable where the agreement of sale had been validly terminated and no declaratory relief was sought to challenge that termination. The Court also found that the plaintiff failed to prove continuous readiness and willingness to perform, and treated the contractual time stipulation as binding on the facts. As specific performance is an equitable and discretionary remedy, relief was refused because the plaintiff had defaulted on the time-bound contract and had not satisfied the statutory prerequisites. The subsequent purchaser was not disqualified on the basis of the terminated prior agreement, and the High Court's reversal of the trial court was set aside. en-us Thu, 29 Aug 2013 00:00:00 +0530 Tue, 20 Feb 2018 10:09:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=199095 A suit for specific performance was held not maintainable where the agreement of sale had been validly terminated and no declaratory relief was sought to challenge that termination. The Court also found that the plaintiff failed to prove continuous readiness and willingness to perform, and treated the contractual time stipulation as binding on the facts. As specific performance is an equitable and discretionary remedy, relief was refused because the plaintiff had defaulted on the time-bound contract and had not satisfied the statutory prerequisites. The subsequent purchaser was not disqualified on the basis of the terminated prior agreement, and the High Court's reversal of the trial court was set aside. Case-Laws Indian Laws Thu, 29 Aug 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=199095