https://www.taxtmi.com/caselaws?id=199207 A transaction is not a mortgage by conditional sale unless the condition for re-transfer is embodied in the sale document itself under Section 58(c) of the Transfer of Property Act; where two documents are executed separately, it is treated as a sale with a condition of repurchase. For specific performance, Section 16(c) of the Specific Relief Act requires strict proof of continuous and unconditional readiness and willingness from the contract date until hearing. Inconsistent pleadings, conditional offers, and failure to show ability to arrange funds defeat that requirement, and specific performance cannot be granted. en-us Wed, 13 Apr 2005 00:00:00 +0530 Wed, 08 May 2024 14:43:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=199207 A transaction is not a mortgage by conditional sale unless the condition for re-transfer is embodied in the sale document itself under Section 58(c) of the Transfer of Property Act; where two documents are executed separately, it is treated as a sale with a condition of repurchase. For specific performance, Section 16(c) of the Specific Relief Act requires strict proof of continuous and unconditional readiness and willingness from the contract date until hearing. Inconsistent pleadings, conditional offers, and failure to show ability to arrange funds defeat that requirement, and specific performance cannot be granted. Case-Laws Indian Laws Wed, 13 Apr 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=199207