Friday, April 19, 2024

𝗝𝘂𝗱𝗶𝗰𝗶𝗮𝗹𝗗𝗿𝗲𝗮𝗺™

𝙰𝙵𝙵𝙾𝚁𝙳𝙰𝙱𝙻𝙴 & 𝙰𝙲𝙲𝙴𝚂𝚂𝙸𝙱𝙻𝙴

MODEL ANSWERSPECIFIC RELIEF

READY & WILLINGNESS TO PERFORM

What is the importance of “ready and willingness to perform” in a suit for specific performance of the contract. What happens when plaintiff fails to prove his readiness and willingness to perform his obligation?

Every contract is bilateral in nature and it involves two or more than two persons who give their consent to make a contract only on one belief that every person to a contract will perform his contractual obligations. If any person to a contract does not fulfill his contractual obligations, then in such a case, another person to a contract has right to file a suit against the wrongdoer and claim remedy from him.

Whenever an aggrieved person files a suit against wrongdoer, he can either claim general relief or specific relief i.e., specific performance of contract. If a person claims specific performance of a contract, then according to Section 10 of the Specific Relief Act, 1963, it is mandatory for the court to grant this relief. According to this section, specific performance of a contract can be granted subject to the provisions of section 11(2), 14 and 16.

According to section 16 of the Specific Relief Act, 1963, if a person claims specific performance of a contract, then he has to prove that he has already performed his contractual obligations or has always been ready and willing to perform his contractual obligations.

Here, the word “ready and willing” plays very important role. According to Section 16, a term willing means person must have intention to perform his contractual obligations and the word ready means a person must have all the means to perform his contractual obligations.

So, basically, it means that if a person has an intention to perform his contractual obligations and has all the resources to perform his contractual obligations, then only, he can claim specific performance of a contract.

In the leading case of Ramesh Chandra vs Chunilal, the Hon’ble court held that the elements of readiness and willingness can be inferred only after analysing all the facts and circumstances of the case alongwith conduct of the party claiming specific performance of a contract.

Moreover, in the leading case of Smt. Dipo vs Wassam Singh, the Hon’ble court held that determining readiness and willingness of a party is very important for administering proper justice.

So, according to section 16 of Specific Relief Act, 1963, if a person claims specific performance of contract, then in such a case, he has to prove that he has always been ready and willing to perform his contractual obligations. If a person fails to prove his readiness and willingness, then in such a case, the court will not grant the specific performance of a contract.

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