Topic

adjustment of advance

1 articleLatest June 2026
Specific Performance | Readiness Must Strictly Align with Contract Terms; No Implied Adjustment of Advances Without Express Provision : Kerala HC
Case Law Analysis
|Kerala High Court

Specific Performance | Readiness Must Strictly Align with Contract Terms; No Implied Adjustment of Advances Without Express Provision : Kerala HC

The Kerala High Court ruled that a plaintiff’s readiness to perform under a sale agreement cannot be assumed merely because prior advances were made-explicit contractual terms govern performance obligations. This sets a critical precedent for property buyers and sellers, reinforcing that contractual specificity overrides informal adjustments in specific performance claims.