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As per case facts, the defendants agreed to sell a flat to the plaintiff, receiving part payment. A condition was for defendants to obtain society's consent. Despite efforts, consent wasn't
...obtained, and defendants refunded a significant portion of the advance. Later, defendants terminated the agreement, offering to return the initial earnest money. The plaintiff, after considerable delay, sought specific performance. Both lower courts dismissed the suit, finding the plaintiff was not ready and willing and citing delay. The appeal to the High Court argues that the lower courts misread evidence, particularly regarding the refund and the necessity of society's consent, and wrongly considered delay for a suit filed within limitation. The question arose whether the lower courts erred in assessing the plaintiff's readiness and willingness and the relevance of delay in a specific performance suit, given the stipulated condition for society's consent. Finally, the High Court found that the plaintiff's persistent insistence on obtaining society's consent, which was neither legally necessary nor possible for the defendants to enforce, indicated a lack of willingness to complete the transaction. The court also considered the plaintiff's substantial delay in responding to the termination and filing the suit, despite it being within the limitation period. The High Court concluded that the lower courts correctly exercised their discretion in refusing specific performance, dismissing the appeal.
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