Section 16 SRA enumerates 'personal bars' to specific performance. Specific performance cannot be granted in favour of a person who
AHas paid the full purchase price
BHas obtained substituted performance under Section 20; has become INCAPABLE of performing or violates an essential term; or fails to aver and prove that he has performed or has been ready and willing to perform his part of the contract
CHas made a written demand
DHas invoked arbitration
Answer & Solution
Correct answer: B. Has obtained substituted performance under Section 20; has become INCAPABLE of performing or violates an essential term; or fails to aver and prove that he has performed or has been ready and willing to perform his part of the contract
Section 16's 'ready and willing' requirement is the canonical CLAT-PG hook. The plaintiff must specifically plead and prove continuous readiness and willingness — formal averment is required (Order 6 Rule 4 CPC also applies).
Related questions
The interface between Section 6 SRA (recovery of possession on the basis of possession) anWhich of the following is the BEST illustration of a contract that is 'determinable in nat'Substituted performance' under Section 20 SRA (post-2018) operatesThe 'ready and willing' requirement under Section 16(c) SRA must be pleaded and provedA 'mandatory injunction' under Section 39 SRAThe principle that 'equity treats as done that which ought to have been done' is reflectedUnder Section 53A of the TRANSFER OF PROPERTY Act 1882 (read with SRA principles), the docIn K Narendra v Riviera Apartments (1999), the Supreme Court refused specific performance