R. Shama Naik vs G. Srinivasiah 2024 INSC 927 - Specific Performance - Readiness & Willingness

Specific Relief Act 1963 - Section 16 - The plaintiff is obliged not only to make specific statement and averments in the plaint but is also obliged to adduce necessary oral and documentary evidence to show the availability of funds to make payment in terms of the contract in time -Fine distinction between readiness and willingness to perform the contract - Both the 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. (Para 10-12)