📖 Introduction

In property disputes, especially when a buyer seeks specific performance of an agreement to sell, one crucial question arises: Was the buyer genuinely ready and willing to perform their part of the contract?

This concept, known as “readiness and willingness”, is the cornerstone of Section 16(c) of the Specific Relief Act, 1963. Courts interpret it strictly, as it ensures fairness between the buyer and seller in property transactions.

⚖️ What Does “Readiness and Willingness” Mean?

• Readiness = Having the financial capacity to pay the agreed sale consideration.

• Willingness = Showing genuine intention through actions, such as issuing notices, keeping funds ready, and avoiding unnecessary delays.

A buyer must prove both elements — financial capability and conduct consistent with the agreement.

🏛️ Supreme Court’s View

Umabai v. Nilkanth Dhondiba Chavan (2005)

The Court held that mere pleading is not enough. A buyer must show evidence of financial capacity and intention.

P. D’Souza v. Shondrilo Naidu (2004)

The Court emphasized that readiness and willingness must be established throughout the contract period — not just at the time of filing the suit.

N.P. Thirugnanam v. Dr. R. Jagan Mohan Rao (1995)

The Court clarified that the buyer’s financial capacity should be proved, such as through bank statements, availability of funds, or credible arrangements.

📌 How Courts Assess Readiness and Willingness

1. Conduct of the Buyer: Did the buyer issue reminders, legal notices, or attempt to complete registration?

2. Financial Proof: Does the buyer have evidence of sufficient funds (bank passbooks, loan approvals, etc.)?

3. Avoidance of Delay: Was the buyer proactive, or did they keep delaying performance?

4. Pleadings and Evidence: Is there a clear and consistent claim of readiness and willingness in the plaint and witness statements?

🔑 Key Takeaways

• Courts insist on continuous readiness and willingness, from the date of the agreement till the decree.

• Buyers cannot merely claim willingness; they must prove financial strength and supportive conduct.

• Failure to prove readiness and willingness can result in dismissal of the suit, even if the agreement is otherwise valid.

📖 Conclusion

In property suits, the principle of readiness and willingness acts as a safeguard against unfair litigation. It ensures that buyers approach the court with clean hands and genuine capacity to perform their obligations. For sellers, it provides protection against buyers who enter into agreements without the intention or ability to complete the deal.

⚠️ Common Mistakes Buyers Make in Proving Readiness & Willingness

Even genuine buyers often lose their specific performance suits because of simple but critical mistakes. Some frequent pitfalls include:

• 💰 No Proof of Funds: Failing to show bank balance, loan sanction, or any financial document to prove they could pay the sale price.

• 🕒 Unexplained Delay: Waiting too long to contact the seller or file the suit without valid reason. Courts see delay as lack of willingness.

• 📩 No Written Communication: Not issuing legal notices, emails, or letters to press for execution of the sale deed. Silence weakens the case.

• 📃 Inconsistent Pleadings: Forgetting to specifically plead “readiness and willingness” in the plaint. This is mandatory under Section 16(c).

• 📝 Ignoring Time Clauses: Not respecting timelines mentioned in the agreement, such as payment or registration dates.

📌 Final Note

Proving readiness and willingness is not just about saying you were ready — it’s about showing consistent action and evidence from day one. Courts rely on conduct, not promises.

Disclaimer

The information provided in this article is for general informational purposes only and does not constitute legal advice. Every case depends on its own facts and circumstances, and laws may change over time. Readers are advised to consult a qualified legal professional before acting on any information contained herein. Sachar Law Firm shall not be responsible for any action taken or not taken based on this content.