Sangita Sinha vs Bhawana Bhardwaj 2025 INSC 450 - Specific Performance - Readiness & Willingness
Specific Relief Act 1963 - Section 16-‘Readiness’ and ‘willingness’ are not one but two separate elements. ‘Readiness’ means the capacity of the buyer to perform the contract, which would include the financial position to pay the sale consideration. ‘Willingness’ refers to the intention of the buyer as a purchaser to perform his part of the contract, which is inferred by scrutinising the conduct of the buyer /purchaser, including attending circumstances-Continuous readiness and willingness on the part of the buyer /purchaser from the date of execution of Agreement to Sell till the date of the decree, is a condition precedent for grant of relief of specific performance- It is not enough to show the readiness and willingness up to the date of the plaint as the conduct must be such as to disclose readiness and willingness at all times from the date of the contract and throughout the pendency of the suit up to the decree- The readiness and willingness of the buyer to go ahead with the sale of the property at the time of the institution of the suit loses its relevance, if the buyer is unable to establish that the readiness and willingness has continued throughout the pendency of the suit.(Para 17-20)
Specific Relief Act 1963 - Section 16 - Absent a prayer for declaratory relief that termination/ cancellation of the agreement is bad in law, a suit for specific performance is not maintainable. (Para 27) Suppression of material facts disentitles the buyer from the equitable and discretionary relief of specific performance. (Para 29)
