https://www.taxtmi.com/caselaws?id=468359 Time was not treated as the essence of the sale agreement because the payment clause had to be read with the obligation to vacate tenants and deliver vacant possession, so the contractual timeline could not be applied rigidly. Specific performance was denied because the buyer failed to prove continuous readiness and willingness, including financial capacity, despite repeated opportunities and belated conduct inconsistent with performance. The absence of an express prayer challenging cancellation did not change the result, as relief already failed on readiness and willingness. The decree for specific performance was set aside and dismissal of the suit restored, with only refund of the advance amount remaining payable. en-us Thu, 21 Nov 2024 00:00:00 +0530 Thu, 30 Apr 2026 19:57:44 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=468359 Time was not treated as the essence of the sale agreement because the payment clause had to be read with the obligation to vacate tenants and deliver vacant possession, so the contractual timeline could not be applied rigidly. Specific performance was denied because the buyer failed to prove continuous readiness and willingness, including financial capacity, despite repeated opportunities and belated conduct inconsistent with performance. The absence of an express prayer challenging cancellation did not change the result, as relief already failed on readiness and willingness. The decree for specific performance was set aside and dismissal of the suit restored, with only refund of the advance amount remaining payable. Case-Laws Indian Laws Thu, 21 Nov 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=468359