The seller had defaulted in his obligation to measure and demarcate the property, the question of the buyer being obligated to pay the remaining balance consideration does not arise

Citation 

(2024) 1 MLJ 6 (SN)

IN THE SUPREME COURT OF INDIA

 Civil Appeal 4206-4207 of 2011

THE HON'BLE Mr. JUSTICE KRISHNA MURARI THE HON'BLE Mr. JUSTICE SANJAY KAROL

18th April, 2023

Gaddipati Divija and Another...Appellant

Vs

Pathuri Samrajyam and Others...Respondent

Appearance (s): A. Sirajuddin, Sr. Adv, Venkateswara Rao Anumolu, AOR for AppellantC. Mohan Rao, Sr. Advocate, Krishna Kumar Singh, AOR

Civil Law - Specific Performance - Reciprocal obligations - Specific Relief Act, 1963, Section 16 (c) – Under the sale agreement, the seller was required to measure and demarcate the property within three months whereupon the buyer was required to pay the balance sale consideration - When the seller had defaulted in his obligation to measure and demarcate the property, the question of the buyer being obligated to pay the remaining balance consideration does not arise - As regards the contention that the plaintiff was not having sufficient funds, following the decision in Bank of India v Jamsetji A.J Chinoy, (1949) LR 77 IA 76, it was held that in order "to prove himself ready and willing a purchaser has not necessarily to produce the money or to vouch a concluded scheme for financing the transaction." - Judgment of the High Court decreeing the suits for specific performance upheld - Appeals dismissed.