Facts:
A 2005 agreement between the buyer and sellers for ₹2.3 crore required payment within four months and tenant eviction before completion. The buyer paid part of the amount but missed the deadline. The sellers canceled the agreement in 2006, citing delays, and returned ₹25 lakh, which the buyer disputed.
Contentions:
Seller: The buyer failed to meet timelines, lacked financial readiness, and showed inequitable conduct.
Buyer: Time was not essential, as sellers delayed tenant eviction and failed to provide necessary documents.
Judgment:
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- The buyer was not ready and willing to perform her obligations.
- Specific performance, being discretionary, was denied due to the buyer’s delays, financial incapacity, and inconsistent behavior.
- The Supreme Court dismissed the buyer’s claim, reinstated the trial court’s judgment, and directed the sellers to refund ₹25 lakh.