Plaintiff Seeking Specific Performance Of Agreement To Sell Must Also Show Availability Of Funds : Supreme Court

The Supreme Court recently upheld the High Court's decision denying Specific Relief to the plaintiff because he was not able to prove his readiness and willingness to perform the contract. The bench comprising Justice JB Pardiwala and Justice R Mahadevan observed that for the contract to be concluded, the plaintiff shall not only aver about his readiness and willingness to perform the. The bench comprising Justice JB Pardiwala and Justice R Mahadevan observed that for the contract to be concluded, the plaintiff shall not only aver about his readiness and willingness to perform the contract 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.” This was the case where the petitioner-plaintiff sought a specific performance of the agreement to sell, contending that the Respondent was not performing his part of the contract despite taking earnest money of Rs. “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.”, the court said.