Readiness and Willingness I

Posted on by Rudrajyoti Nath Ray

Two-Judge Bench in JP Builders v. A. Ramadas Rao, (2011) 1 SCC 429 observed, Section 16(c) of The Specific Relief Act, 1963 mandates ‘readiness and willingness’ of plaintiff and is a condition precedent to obtain relief of specific performance. Court further observed, ‘readiness’ refers to financial capacity and ‘willingness’ refers to conduct of plaintiff wanting performance. Two-Judge Bench in His Holiness Acharya Swami Ganesh Dassji v. Sita Ram Thapar, (1996) 4 SCC 526 observed, ‘readiness’ means capacity of plaintiff to perform contract which would include financial position to pay purchase price. To ascertain ‘willingness’, conduct of plaintiff has to be properly scrutinized.

– Hon’ble Justice Dr. D.Y. Chandrachud, Shenbagam v. K.K. Rathinavel, [Civil Appeal No 150 of 2022].

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