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U. N. Krishnamurthy th. LR’s. vs. A. M. Krishnamurthy (SC)

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Specific Relief Act, 1963–Sec. 12–Decree of specific performance–No evidence was produced by the plaintiff to show that he was in the position to make arrangements for payment of balance consideration within time–Though he deposited the payment in the Court, it cannot be ignored that such deposit was made after seven years–It is clear from his balance-sheet that he was not having sufficient funds to discharge his part of the contract in March 2003–Readiness and willingness is not proved–Directed to return the earnest money with 7% interest per annum.