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As per case facts, defendants agreed to sell a flat to the plaintiff, who made a partial payment. A condition was to obtain society's consent for transfer, which defendants failed
...to secure despite efforts. Subsequent payments were refunded, and a supplementary agreement tied the balance payment to obtaining consent. When consent remained elusive, defendants sought to cancel the agreement. The plaintiff, after a significant delay, filed a suit for specific performance. The Trial Court and District Court dismissed the suit, citing the plaintiff's lack of readiness and willingness due to inaction and admission that society's consent wasn't legally mandatory. The appeal is against this dismissal. The question arose whether the lower courts erred in finding the plaintiff not ready and willing due to delay and insisting on society's consent. Finally, the High Court found no error in the lower courts' assessment, affirming that the plaintiff's delay and insistence on an unnecessary condition indicated a lack of readiness and willingness, thus dismissing the second appeal.
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