SANGITA SINHA
Vs.
BHAWANA BHARDWAJ AND OTHERS
( Before : Dipankar Datta and Manmohan, JJ. )
Civil Appeal No. 4972 of 2025 (Arising out of Special Leave Petition (C) No.28460 of 2024)
Decided on : 04-04-2025
Specific Relief Act, 1963 — Section 16(c) — Specific Performance — Readiness and Willingness — Effect of Accepting Refund — A buyer's continuous readiness and willingness to perform their part of an Agreement to Sell, a prerequisite for seeking specific performance, is negated by their conduct of accepting and encashing a substantial portion of the refunded earnest money/advance consideration sent by the seller along with a cancellation notice, especially when such encashment occurs during the pendency of the specific performance suit — Such conduct demonstrates an unwillingness to proceed with the contract.
