Suit for specific performance of the contract – readiness and Willingness – Handing over of possession of property without tenants – Submission on behalf of the plaintiff that in the agreement a duty was cast upon the defendant to evict the tenants and to handover the vacant and peaceful possession, which the defendant failed and, therefore, in such a situation, not to pass a decree for specific performance in favour of the plaintiff would be giving a premium to the defendant despite he having failed to perform his part of the contract – The aforesaid seems to be attractive but for the purpose of passing a decree for specific performance, readiness and willingness has to be established and proved and that is the relevant consideration for the purpose of passing a decree for specific performance – Trial Court rightly held the issue of willingness against the plaintiff.
Read Here: 2021 SCeJ 1118
