The person who wants specifil performance of contrat must prove his rediness and willness to perform his part under the contract at all times. The crux of the Supreme Court’s judgment has been given below.
Gomathinayagam Pillai v. Palaniswami Nadar
But the respondent has claimed a decree for specific performance and it is for him to establish that he was, since the date of the contract, continuously ready and willing to perform his part of the contract. If he fails to do so, his claim for specific performance must fail. As observed by the Judicial Committee of the Privy Council in Ardeshir Mama v. Flora Sassoon.
Gomathinayagam Pillai v. Palaniswami Nadar (2005) 7 SCC 534
In a suit for specific performance, on the other hand, he treated and was required by the Court to treat the contract as still subsisting. He had in that suit to allege, and if the fact was traversed, he was required to prove a continuous readiness and willingness, from the date of the contract to the time of the hearing, to perform the contract on his part. Failure to make good that averment brought with it the inevitable dismissal of his suit.
The respondent must in a suit for specific performance of an agreement plead and prove that he was ready and willing to perform his part of the contract continuously between the date of the contract and the date of hearing of the suit.
Gomathinayagam Pillai v. Palaniswami Nadar (2005) 7 SCC 534
