Pydi Ramana @ Ramulu vs Davarasety Manmadha Rao 2024 INSC 507

Specific Relief Act,1963; Section 16- To obtain a decree for specific performance, the plaintiff must aver and prove that he has performed his part of the contract and has always been ready and willing to perform the terms of the contract which are to be performed by him. Section 16(c) of the Specific Relief Act mandates ‘readiness and willingness’ of the plaintiff to be averred and proved and it is a condition precedent to obtain the relief of specific performance-There is a distinction between the terms ‘readiness’ and ‘willingness’.‘Readiness’ is the capacity of the plaintiff to perform the contract which includes his financial position to pay the sale consideration. ‘Willingness’ is the conduct of the party. -The continuous readiness and willingness is a condition precedent to grant the relief of specific performance. (Para 13-14)

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