Relief Of Specific Performance Can Be Denied If Suit Was Not Immediately Filed After Breach; Rise in Real Estate Prices Also a Relevant Factor: Supreme Court
[13 July 2022] The Supreme Court observed that continuous readiness and willingness on the part of the Plaintiff is a condition precedent for grant of the relief of Specific Performance. The court added that there is a distinction between readiness and willingness to perform the contract and both ingredients are necessary for the relief of Specific Performance. While readiness means the capacity of the Plaintiff to perform the contract which would include his financial position, willingness relates to the conduct of the plaintiff, the bench comprising Justices Indira Banerjee and Hrishikesh Roy observed.
ISSUE – whether the Plaintiff has proved his readiness and willingness to perform his part of the contract or not?
Bounden duty of the Plaintiff to prove his readiness and willingness by adducing
Referring to Section 16 of the Specific Relief Act, 1963, as it stood at the material time (prior to amendment with effect from 1.10.2018), the bench observed to aver and prove readiness and willingness to perform an obligation to pay money, in terms of a contract, the plaintiff would have to make specific statements in the plaint and adduce evidence to show availability of funds to make payment in terms of the contract in time.