Section 16(c) of the Specific Relief Act, 1963 bars the specific performance of a contract in favour of a plaintiff who fails to aver and prove that he has performed or has always been ready and willing to perform the essential terms of the contract which are to be performed by him. To adjudge whether the Plaintiff is ready and willing to perform his part of the contract, the Court must take into consideration the conduct of the Plaintiff prior and subsequent to the filing of the suit along with other attending circumstances.
- S. Sikandar (D) by L.Rs. vs. K. Subramani and Ors., Civil Appeal No. 7306 of 2013 [MANU/SC/1093/2013] (Para 21, 22)
- Man Kaur (dead) by LRS. vs. Hartar Singh Sangha, (2010) 10 SCC 512, (Para 9)
- M/s. Hotel Asrani Private Limited vs. Trilok Singh & Others, C.C.C.A. Nos. 124 and 149 of 2000 [MANU/AP/1577/2013], (Para 31, 33 & 34)
In suit for specific performance burden lies on Plaintiff to prove readiness and willingness to perform his obligations in terms of contract.
- Pramod Buildings and Developers (P) Ltd. vs. Shanta Chopra, AIR 2011 SC 1424