The Supreme Court of India has dismissed an appeal in a long-standing property dispute, ruling that a plaintiff seeking specific performance must prove financial readiness from the date of the agreement’s execution rather than just after filing a suit.

A bench comprising Justice Prashant Kumar Mishra and Justice NV Anjaria held that Mohammed Khal, the appellant, failed to demonstrate a continuous capacity to pay the balance consideration for a Mysore property transaction dating back to 1990.

What is the “relevant point of time” for proving readiness in a property suit?

According to the Supreme Court, the relevant point of time begins from the date of the execution of the agreement to sell. It continues through the stipulated performance period and extends to the time the suit is filed. Readiness cannot be proved using financial documents created years after the suit commenced.

Can a buyer win a case if they have the money now but didn’t when the suit was filed?

No. The court held that readiness and willingness must be “continuous.” Having funds at a later date, such as several years after the suit was instituted, does not satisfy the statutory requirement to show you were ready to perform the contract when the obligation was originally due.

Why did the Supreme Court mention the delay in filing the suit?

Although a suit may be filed within the legal limitation period of three years, an unexplained delay (in this case, nearly two years and nine months) is a significant factor. The court views such delays as evidence of a lack of “readiness and willingness,” which can disqualify a plaintiff from receiving discretionary relief.