Specific performance of a contract cannot be enforced in favor to the person who fails to prove that he has already performed or has always been ready and willing to perform the essential terms of the contract which are to be performed by him. The crux of the Supreme Court has been given below. The crux of the Supreme Court’s judgment has been given below.
Mehboob-ur-Rehman v. Ahsanul Ghani
Though, with the amendment of the Specific Relief Act, 1963 by Act 18 of 2018, the expression “who fails to aver and prove” is substituted by the expression “who fails to prove” and the expression “must aver” stands substituted by the expression “must prove” but then, the position on all the material aspects remains the same that, specific performance of a contract cannot be enforced in favor to the person who fails to prove that he has already performed or has always been ready and willing to perform the essential terms of the contract which are to be performed by him, other than the terms of which, the performance has been prevented or waived by the other party.
Mehboob-ur-Rehman v. Ahsanul Ghani 2019 SCC OnLine SC 203
His readiness and willingness must be present at all times instead of till the filing of plaint.
