Hello, am new here and need your help on the following matter:
This is a case for Specific Performance. The Defendant is an NRI living in Hong Kong and the Plaintiff is in India.
Plaintiff had sent a legal notice to the Defendant expressing his readiness and willingness to pay the balance amount and complete the transaction. However, he put a condition that he would only pay subject to deducting tax at source (since the Defendant is an NRI). The Defendant did not agree to this condition as according to him this was not as per terms of the agreement.
Can the Plaintiff's demand invalidate his claim for readiness and willingness as it was not undonditional?
My answer was that he should have paid the entire balance consideration and completed the transaction, paid the disputed tax (was only Rs 1 lakh) on the Defendant's behalf and then probably filed a case for recovery of the excess amount. In this way he could have atleast got the property (worth over a crore) and completed the transaction. His loss would have been far lower?
What is your opinion?