When parties enter into an agreement for the sale of property, one common remedy available under the Specific Relief Act, 1963 is a suit for specific performance. But courts do not grant this relief automatically – the plaintiff must prove their “readiness and willingness” to perform their part of the contract.

📌 Meaning of Readiness and Willingness

• Readiness refers to the financial capacity of the buyer to pay the sale consideration.

• Willingness refers to the intention and conduct of the buyer to complete the transaction within the stipulated time.

In simple terms, a buyer must show that they not only had the money but also genuinely wanted to purchase the property and complied with contractual terms.

📌 Judicial View

Courts have repeatedly held that mere statements in pleadings are not enough. The buyer must produce evidence such as:

• Proof of available funds.

• Payment of dues such as development charges, taxes, or installments.

• Correspondence showing efforts to complete the sale.

Failure to prove these factors can lead to dismissal of the suit, even if there was an agreement to sell.

📌 Practical Example

Suppose a buyer agrees to purchase a property but delays paying development charges or other statutory dues. Even if they later file a case for specific performance, courts may deny relief because their conduct shows a lack of readiness and willingness.

👉 Thus, readiness and willingness is the backbone of a successful claim under Section 16(c) of the Specific Relief Act.

FAQs

Q1. Why is “readiness and willingness” important in a property dispute?
Courts grant specific performance only when the buyer proves they were financially ready and genuinely willing to complete the sale. Without this proof, the relief is usually denied.

Q2. How can a buyer prove readiness and willingness in court?
Evidence like bank statements, receipts of payment of dues (development charges, taxes, installments), and correspondence with the seller can prove readiness and willingness.

Q3. Can a buyer win a specific performance case without showing readiness and willingness?
No. Even if the seller breached the agreement, courts require the buyer to prove readiness and willingness under Section 16(c) of the Specific Relief Act.