Suit For Specific Performance: Plaintiff Has To Prove And Establish His Readiness And Willingness To Perform His Part Of Contract Throughout: SC [Read Judgment]

The Supreme Court, while restoring a trial court order that dismissed a suit for specific performance of contract, has reiterated that, in order to obtain a decree for specific performance, the plaintiff has to prove and establish his readiness and willingness to perform his part of the contract throughout.The trial court, in this case, had dismissed the suit for specific performance holding. The Supreme Court, while restoring a trial court order that dismissed a suit for specific performance of contract, has reiterated that, in order to obtain a decree for specific performance, the plaintiff has to prove and establish his readiness and willingness to perform his part of the contract throughout. The trial court, in this case, had dismissed the suit for specific performance holding that the plaintiff failed to prove his readiness and willingness to perform the contract. The bench of Justice R. Banumathi and Justice Indira Banerjee restored the trial court order dismissing the suit observing that plaintiff has not been able to prove his readiness and willingness on his part.