Agreement to Sell -- Specific Performance -- Ready and Willing -- Continuous Readiness and Willingness to be Independently Pleaded and Proved
A plaintiff seeking a decree of specific performance of an agreement to sell is required to independently plead and prove his continuous readiness and willingness to perform his part of the contract. Such readiness and willingness must be established on its own merits and cannot be made contingent upon or dependent on the objections raised by the defendant. Failure to so plead and prove disentitles the plaintiff to the relief of specific performance -- Specific Relief Act, 1963 -- Section 16(c) .
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