Dear all,
I am in search of judgement wherein : an MOU has been entered between A (purchaser) and B (vendor) for sale of immovable property. Payment is linked to tasks being completed by Vendor. A certain amount of Earnest Money Deposit is being paid by A to B on execution of the MOU. The sale is to be completed within a specified period with no further extension. There is a dispute arisen between A and B wherein the parties have filed for arbitration and statement of claim and counter statement has been filed by and against A and B. The case of Vendor is that time is the essence of contract. The case of Purchaser is the he was ready and willing to conclude the contract, time is not the essence of contract and accordingly, specific performance of contract can be awarded in favour of the Purchaser.
I need a judgement on behalf of the Purchaser wherein he can ask for specific performance of contract.
thanx and regards
HM
