For specific performance plaintiff to plead & prove
The plaintiff in a suit for specific performance of a contract must provide direct, specific, and accurate pleadings that he is willing and ready to perform his obligations in the contract and such pleadings must be proved with evidence, says the Supreme Court ( SC) in P. Ravindranath & Anr. v. Sasikala & Ors [2024 INSC 533].
Plaintiff must show availability of fund too
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, says the SC in R. Shama Naik v G Srinivasiah [2024 INSC 927].
Readiness & willingness to be proved to claim specific performance
When a person approaches a court for specific performance of an agreement in regard to a sale of immoveable property, the person must have performed or has been ready and willing to perform his obligation as a buyer as part of the agreement, under Section 16 of the Specific Relief Act, 1963 (SRA). This is what the Supreme Court (SC) says in Shenbagam & Ors v K K Rathinavel (2022 SAR (Civ) 349).
