S.A No. 918 of 2024 plaintiff for the relief of specific performance to direct the defendants to execute the sale deed as per the sale agreement dated 12.02.2004 in which sale consideration was fixed Rs. 15,000/-. According to the plaintiff, he has paid a sum of Rs.10,000/- as advance and for remaining balance amount has to be paid within 3 months but there is no proof that within 3 months plaintiff had expressed his readiness and willingness to the defendants. Further, the suit was filed around one month before expiry of three years period, which itself shows that plaintiff not proved his readiness and willingness nor assigned reason for inordinate delay. Admittedly, the suit property was subjected to mortgage with Land development Bank, Dharmapuri for a sum of Rs.1,25,000/- but as per the sale agreement, sale consideration was fixed only Rs,15,000/- which proves that real value of the property not been mentioned in the agreement. As on date, mortgage due also not been paid. Therefore, plaintiff could not be a bonafide purchaser nor he proved that he entered into sale agreement with intention to purchase the property because value of the property itself not correctly stated in the agreement. To avail remedy of specific performance, the plaintiff bound to prove his readiness and willingness as required under Sections 16(3) of Specific Relief Act, As discussed above, plaintiff has not explained inordinate delay for filing suit. Besides, property also not been correctly 4
