As per case facts, an Agreement to Sell was made for land, with the plaintiff making significant initial and part payments. A target date for the sale deed was fixed, ... but due to public holidays, the plaintiff attended the Sub-Registrar's office on alternate dates, marking his presence, while the defendant failed to appear. The defendant then unilaterally cancelled the Agreement. The plaintiff filed a suit for specific performance, which was decreed by both lower courts. The defendant appealed to the High Court, arguing the suit was not maintainable without a prior declaration challenging the cancellation, and disputing the plaintiff's readiness and willingness. The question arose whether a suit for specific performance is maintainable without a prior declaration that the unilateral cancellation of the Agreement to Sell is invalid, especially when the grounds for cancellation are found to be factually incorrect. Finally, the High Court dismissed the appeal, holding that the defendant's grounds for cancellation were factually incorrect and contrary to evidence. The plaintiff's presence and payments were proven, establishing his readiness and willingness, thus making a separate declaration unnecessary.