The 'ready and willing' requirement under Section 16(c) SRA must be pleaded and proved
AIn the plaint itself — the plaintiff must specifically aver continuous readiness and willingness from the date of contract until the date of the decree; failure to so plead and prove is fatal to the prayer for specific performance
BBy the defendant
COnly orally
DOnly at the appellate stage
Answer & Solution
Correct answer: A. In the plaint itself — the plaintiff must specifically aver continuous readiness and willingness from the date of contract until the date of the decree; failure to so plead and prove is fatal to the prayer for specific performance
Ardeshir Mama v Flora Sassoon (1928, Privy Council) and J P Builders v A Ramadas Rao (2011) are leading authorities. The plea is mandatory; the proof must show financial capacity and continuous willingness throughout.
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