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Readiness and willingness for Specific Performance of a Contract

Readiness and willingness for Specific Performance of a Contract

Section 16(c) of the Specific Relief Act, 1963

Section 16(c) of the Specific Relief Act, 1963 mandates that the plaintiff should plead and prove his readiness and willingness as a condition precedent for obtaining relief of grant of specific performance.

What is meant by readiness and willingness?

In a suit for specific performance the plaintiff must plead and prove that he was ready and willing to perform his part of the contract right from the date of the contract up to the date of the filing of the suit. It is a well-established legal principle that ‘readiness’ and ‘willingness’ are matters that have to be proved substantially and not left to mere ceremony and form.

What is an example of showing ‘readiness and willingness’?

In the case Sukhbir Singh v. Brij Pal Singh [(1997) 2 SCC 200 : AIR 1996 SC 2510] it was held that “Law is not in doubt and it is not a condition that the respondents should have ready cash with them. The fact that they attended the Sub-Registrar’s office to have the sale deed executed and waited for the petitioners to attend the office of the Sub-Registrar is a positive fact to prove that they had necessary funds to pass on consideration and had with them the needed money with them for payment at the time of registration. It is sufficient for the respondents to establish that they had the capacity to pay the sale consideration. It is not necessary that they should always carry the money with them from the date of the suit till the date of the decree.”

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